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Home My WebLink About2011-12 - Pertaining to Gas - Powered Leaf Blowers in Residential DistrictsORDINANCE NO. 2011 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PERTAINING TO GAS - POWERED LEAF BLOWERS IN RESIDENTIAL DISTRICTS WHEREAS, residents, business owners and landscape maintenance operators in the City of Newport Beach have participated in surveys about the effects of gas powered leaf blowers and other mechanical landscape maintenance devices in districts zoned for residential use; and WHEREAS, the results of the surveys indicated that gas powered leaf blowers are more disruptive or intrusive in some residential districts than other types of mechanical landscape maintenance devices, and that many residents want a prohibition on gas powered leaf blower use in residential neighborhoods but do not want a prohibition on electric leaf blowers or leaf vacuums; and WHEREAS, the City Council finds that frequent use of gas powered leaf blowers in residential districts creates excessive noise, dust and debris, and creates annoyance for persons of normal sensitivity; and WHEREAS, the City Council finds that common interest developments of five or more dwelling units, that have an association responsible for establishing regulations or operating rules controlling the management and maintenance of the exterior residential environment, have adopted, or have the ability to adopt self- imposed regulations that establish a regulatory framework addressing the exterior residential environment, and such regulatory frameworks can be used by common interest developments of five or more dwelling units to more closely address neighborhood impacts of leaf blowers within such developments; and WHEREAS, the City Council wishes to prohibit the use of gas powered leaf blowers in all residential districts except by certain public employees or contractors acting in the scope of their employment, and in residential common interest developments of five or more dwelling units that have an association responsible for establishing rules and regulations for the management and maintenance of exterior common areas; and WHEREAS, the City Council wishes to provide a six -month phase -in period after adoption of this ordinance, during which (1) City staff can conduct outreach to inform residents and landscape maintenance companies of the restrictions created by this ordinance, and (2) common interest developments of five or more dwelling units that have an association responsible for establishing regulations or operating rules controlling the management and maintenance of the exterior residential environment may take action to opt out of the ordinance's prohibition on operating gas powered leaf blowers in residential zones if they choose to do so, as provided by the ordinance. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 6.04.055 of the Newport Beach Municipal Code is hereby revised and amended as follows: 6.04.055 Leaf Blowers. A. Definitions. 1. "Leaf blowers" shall mean any air blowing machine that uses a concentrated stream of air to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris. This definition shall include "mechanical blowers" as that term is used in Chapter 10.28 of this Code. "Leaf blowers" shall not include any leaf or refuse vacuum. 2. "Common interest development" and "association" shall be defined as those terms are defined in California Civil Code section 1351. B. Use of Leaf Blowers. 1. Leaf blowers may be used and operated to sweep or clean any surface of dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris only if the cuttings, refuse or debris so swept or blown are not left in or upon any adjacent or other parcel, any street, public place or right -of -way, public beach, or on the shore, or in the waters of Newport Bay. 2. The hours of operation and maximum noise levels shall be subject to the provisions of Chapter 10.28. 3. Operation of Gas Powered Leaf Blowers in Residential Districts Prohibited. After November 10, 2011, gas powered leaf blowers shall not be operated in any district identified in Title 20 of this Code as a district zoned for residential use, with the exception of operations or locations described in a. through e. below a. Residential common interest developments of five or more dwelling units with an association responsible for establishing regulations or operating rules controlling the management and maintenance of their exterior residential environment may, by the method set out in their association's rules and regulations, choose to be exempt from the restrictions contained in this section. The Office of the City Manager shall establish procedures through which such residential common interest developments may demonstrate their decision to be exempt from this section. b. The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency. c. Maintenance of golf courses and golf practice facilities conducted between the hours of six a.m. and eight p.m., and maintenance of other non- residential uses appurtenant to golf course uses between the hours of seven a.m. and eight p.m. d. Non - residential uses located within the boundaries of Planned Community (PC) districts. e. Operation on parcels zoned for non - residential use that may be adjacent to or surrounded by a district otherwise zoned for residential use (including but not limited to parcels zoned for public or private institutional uses, park and recreation uses, open space uses, or other similar non - residential uses. C. Violations. Any person who uses a gas powered leaf blower in a residential zone, and /or causes or permits cuttings, refuse or debris swept or blown by any leaf blower to be left in places contrary to the provisions of subsection (B) of this section is guilty of an infraction. (Ord. 95 -38 § 2, 1995: Ord. 87 -15 § 1, 1987; Ord. 83 -23 § 1, 1983; Ord. 1828 § 1, 1979) SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of April, 2011, and adopted on the 10th day of May, 2011, by the following vote, to wit: AYES, COUNCILMEMBERS Hill, Gardner, Curry, Mayor Henn NOES, COUNCILMEMBERS Rosansky, Selich, Daiele ABSENT COUNCILMEMBERS_ None MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: OFFICE OF TJJE CITY ATTORNEY David R. Hunt, City Attorney (A 10- 009221- Leallower re- write.040511 Michael Henn STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2011 -12 was duly and regularly introduced on the 26th day of April, 2011, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of May, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Gardner, Curry, Mayor Henn Noes: Rosansky, Selich, Daigle Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this l Ith day of May, 2011. (Seal) STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } City Clerk City of Newport Beach, California OF PUBLICATION I, LEILANI L. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2011 -12 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: April 30, 2011 Adopted Ordinance: May 14, 2011 In witness whereof, I have hereunto subscribed my name this —91 day of 2011. gw City Clerk City of Newport Beach, California