HomeMy WebLinkAboutTC Ord 1995-10-04
ORDINANCE NO. 415 N.S.
~ AN ORDINANCE OF THE TOWN OF TIllURON ADDING A NEW CHAPTER 30 TO
THE TIBURON MUNICIPAL CODE RESTRICTING THE USE OF GAS-POWERED
LEAF BLOWERS
SECTION 1. ADOPTION.
The Town Council of the Town of Tiburon does hereby ordain that Chapter 30 shall
be added to the Tiburon Town Code as follows:
Chapter 30. Gas Powered Leaf Blowers'
Sections:
30-1 Title
30-2 Purpose and Intent
30-3 Definitions
30-4 Restricted Uses: Time of Day, Days of Week
~ 30-5 Enforcement and Violations
Section 30-1 Title
This Ordinance shall be known as the "Town of Tiburon Leaf Blower Ordinance" and
may be so cited.
Section 30-2 Purpose llnd Intent
The purpose of this section is to rcgulate the use of gasoline powered leaf blowers
within residential areas of the community, so as to prevent the unreasonable and
continuous disruption of households due to leaf blower noise and the devices' ability to
broadcast dust and other airborne pollutants into the air and onto nearby properties. This
section also seeks to allow residential property owners (or their employees, agents or
contractors) to maintain the appearance and condition of their properties using gas-
I powered leafblowers on certain days and at certain times.
TomlofTihul'on OnllnalH"to :\'0, -115 N.S. 10/-1/95 1
Residential areas are being distinguished from othcr areas of the Town because of the
l special maintenance needs for commercial and other public areas, and the particular
sensitivity of residential uses to the impacts and effects resulting fl'Om the use of gas-
powered leaf blowers.
Section 30-3 Definitions
Gas-powered leaf hlower- A gas powered leaf blower is defined as any leafblower
directly powered by an internal combustion or rotary engine using gasoline, alcohol or
other liquid or gaseous fuel. Electrically powered leafblowers are not inclnded in this
definition.
Residential area- Any pal'cel of land where the primary use of the p,'operty 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 of this ordinance.
Section 30-4 Restricted Uses: Time ofDav. Davs of Week
" It shall be unlawful for any property owner 01' employee, agent or contractor
working for a property owner to operate a gas-powered leaf blower to blow leaves, dirt, or
other debris off sidewalks, driveways, lawns, or other surfaces within any residential area
of the Town, except from 8:00 A.M. to 4 P.M., Monday through Friday. No use shall be
allowed on Saturday, Sunday or on holidays recognized by the Town ofTiburon.
Section 30-5 Enforcement and Violations.
Violations of this section will be subject to an enforcement process that includes a
verbal or written cease and desist warning from Town officials, followed by a notice of
violation of an infraction, and up to a $250 fine for failure to comply with the provisions of
this section.
Any property owner or employee, agent or contractor working for a property owner
who violates this ordinance may also be cousidered guilty of an infraction, and each day
such violation is commitlcd or permitted to continue shall be constitute a separate offense
and shall be ,punishable as such.
f
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SECTION 2. SEVERABILITY.
-. If any section, subsection, subdivisiou, pal'agraph, clause or phrase of the
Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid, or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this Ordinance or any part thereof and the
Town Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases
be declared unconstitutional or invalid or ineffective.
SECTION 3. 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 prepal'ed by the Town Attorney. At least five (5) days prior to the
Council meeting at which adoption of the ordinance is scheduled, the Town Cieri, shall (1)
publish the summary, and (2) post in the office of the Town Clerk a certified copy of this
ordinance. Within fifteen (IS) days after adoption of this ordinance, the Town Clerk shall
(I) publish the summary, and (2) post in the office of the Town Cieri, a certified copy of the
. full text of the ordinance along with the names of those Conncil 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 20, 1995, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon on October 4, 1995, by the following vote:
AYES: COUNCILMEI\1BERS: Nygren, Thompson & Thayer
NOES: COUNCILMEMBERS: Ginalski & Wolf
ABSENT: COUNCILMEMBERS: None
ANDREW THOMPSON, MA R
Town ofTibul'on
ATTftlL
DIANE CRANE, TOWN CLERK
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Tonn orTiburoll Onlin:llln' ]'1\0. .U5 N.S. 10/-1195 3