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Home My WebLink AboutTC Ord 2002-09-18 ORDINANCE NO. 471 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 30 OF THE TIBURON MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 30 REGULATING THE USE OF LEAF BLOWERS AND GAS-POWERED HEDGE TRIMMERS The Town Council of the Town of Tiburon does ordain as follows: SECTION 1:. REPEAL OF EXISTING ORDINANCE The existing Chapter 30 of the Tiburon Municipal Code, entitled "Gas-Powered Leaf Blowers" is hereby repealed in its entirety, provided however, that this repeal shall not effect or prevent the prosecution or punishment of any person for any act done or omitted in violation of this chapter prior to the effective date of this ordinance. SECTION 2. ADOPTION OF NEW CHAPTER A new Chapter 30, entitled "Leaf Blowers and Hedge Trimmers," is hereby added to the Tiburon Municipal Code to read as follows: CHAPTER 30 LEAF BLOWERS AND HEDGE TRIMMERS 30-1 Title. 30-2 Purpose and intent. 30-3 Definitions. 30-4 Restricted uses. 30-5 Enforcement and violations. Ordinance No. 471 N.S. (New) Chapter 30 - Restrictions on Leaf Blowers Adopted 9/18102 1 - - 30-1 Title. This chapter shall be known as the "Town of Tiburon Leaf Blowers and Hedge Trimmers Ordinance" and may be so cited. 30-2 Purpose and intent. (a) The purpose of this chapter is to regulate the use ofleafblowers and gas-powered hedge trimmers within the town, so as to prevent the unreasonable and continuous disruption of the community due to leaf blower noise and the devices' ability to broadcast dust and other airborne pollutants into the air and onto nearby properties. (b) Residential areas are being distinguished from other areas of the town because of the special maintenance needs for commercial and other public areas, and the particular sensitivity of residential uses to the impacts and effects resulting from the use of gas-powered leaf blowers. 30-3 Definitions. As used in this chapter the following terms are defined in this section: "Gas-powered Leaf Blowers and Hedge Trimmers" means any leaf blower or hedge trimmer directly powered by all internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Electrically powered leaf blowers and hedge trimmers are not included in this definition. "Residential area" means any parcel ofland where the primary use of the property is for residential purposes (such as a single-family residence, duplex, apartment building or other form of residential structure). Street areas, up to the center line of the street, directly in front of properties used for residential purposes are also considered residential areas for the purposes ofthis chapter. No parcel with a mixture of residential and commercial uses shall be considered as a residential area for purposes of this chapter. 30-4 Restricted uses. (a) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of a gas-powered leaf blower to blow leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces at any time within any residential area. (b) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of a gas-powered hedge trimmer to trim, prune or otherwise maintain landscaping within any residential area of the town. Ordinance No. 471 N. S. (New) Chapter 30 - Restrictions on Leaf Blowers Adopted 9/18/02 2 - (c) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate an electrically powered (including cordless rechargeable) leaf blower within any residential area except between the hours of nine (9:00) a.m. and four (4:00) p.m. (d) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate any leaf blower within any non-residential area except between the hours of nine (9:00) a.m. and four (4:00) p.m. No use shall be allowed on Saturday, Sunday or on holidays recognized by the Town of Tiburon. Use by Town employees for park and public right-of-way maintenance is exempted. 30-5 Enforcement and violations. (a) Violations of this chapter will be subject to an administrative enforcement process under Chapter 31 that may include a citation assessing a monetary fine of up to $250 and/or a verbal or written cease and desist warning from town officials. The Council may adjust the fme amount by resolution. (b) Any property owner or employee, agent or contractor working for a property owner who violates this chapter may also be considered guilty of an infraction, and each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Such infraction shall be punishable by a monetary fine of up to $250. The Council may adjust the fine amount by resolution. SECTION 3. GRACE PERIOD FOR ENFORCEMENT The previous Chapter 30 allowed the use of gas-powered leaf blowers in residential neighborhoods from eight a.m. to four p.m., Monday through Friday; it did not restrict the use of gas-powered hedge trimmers or non-gas-powered leaf blowers, nor did it apply to non-residential neighborhoods. To allow time to educate landscapers and give them sufficient time to adjust their practices, the Council directs staff to delay enforcement of the new restrictions established by this ordinance until 90 days after its adoption. However, staff shall enforce without delay the prohibitions in this ordinance that were present in the previous Chapter 30 (i.e., the prohibition against the use of gas powered leaf blowers in residential neighborhoods outside the hours of eight a.m. to four p.m., Monday through Friday). SECTION 4. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions ofthe Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Ordinance No. 471 N. S. (New) Chapter 30 - Restrictions on Leaf Blowers Adopted 9/18/02 3 - SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (I) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the ordinance. Within fifteen (15) days after adoption of the ordinance, the Town Clerk shall (I) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along with the names of the Town Council members voting for and against the ordinance. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on September 4,2002, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on September 18, 2002, by the following vote:. AYES: COUNCILMEMBERS; Berger, Fredericks, Gram, Slavitz, Thompson NOES: COUNCILMEMBERS; None ABSENT: COUNCILMEMBERS: None ~~/ , TOM GRAM, MAYOR Town of Tiburon ATTES7)~IL~ . DIANE CRANE IACOPI, TOWN CLERK Ordinance No. 471 N. S. (New) Chapter 30 - Restrictions on Leaf Blowers Adopted 9/18/02 4 -