SR 03-14-2023 16A
City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services
Department
Subject: Request of Councilmembers Zwick and Brock to ask the City Attorney and
City Manager to return to City Council with amendments and updates to the
Municipal Code to prohibit gasoline powered leaf blowers, allowing for electric
leaf blowers and enhancing enforcement of the prohibition on gas powered
leaf blowers. Also, request the City Manager to return with potential funding
sources to incentivize conversion to electric leaf blowers. A draft ordinance
amendment is attached.
Prepared By: Denise Anderson Warren, City Clerk
Approved
Forwarded to Council
Attachments:
A. Zwick re leaf blowers 031423_Draft ordinance
B. Written Comments
16.A
Packet Pg. 932
1
City Council Meeting: _________, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REPEALING SANTA MONICA MUNICIPAL CODE SECTION 4.08.270 AND
AMENDING SECTION 4.12.180, TO PROHIBIT GAS POWERED LEAF BLOWERS,
ALLOWING FOR ELECTRIC LEAF BLOWERS, INCLUDING AMENDMENTS TO THE
ENFORCEMENT PROVISIONS.
WHEREAS, Section 4.08.270 of the Santa Monica Municipal Code prohibits all
motorized leaf blowers in the City; and
WHEREAS, motorized leaf blowers, especially gas powered, remain in use, but
enforcement is challenging and costly; and
WHEREAS, while gas powered leaf blowers are among the highest polluting gas-
powered devices, especially with two cycle engines, and are a nuisance due to their noise,
there have been advancements in electric, A/C and battery powered, leaf blower
technology since this ordinance was enacted in 1990 and last amended in 2010; electric
leaf blowers are cleaner, better for the environment, quieter, and perform well; and
WHEREAS, the City desires to allow for electric leaf blowers, which may
incentivize users to convert from gas powered, which are still too common, and target
enforcement with the owners or occupants of property who may either violate this
provision or employ those who do, rather than punishing those who may be least able to
pay fines.
16.A.a
Packet Pg. 933 Attachment: Zwick re leaf blowers 031423_Draft ordinance (5657 : Prohibit gas powered leaf blowers)
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 4.08.270 is hereby repealed:
4.08.270
(a) Prohibitions.
(1) No person shall operate any motorized leafblower within the City.
(2) No owner of real property, tenant in possession of real property, or
person in control of real property shall allow the operation of a motorized
leafblower on the property.
(3) No person who owns or operates a gardening, landscape
maintenance or similar service shall allow an employee or agent of that
service to operate a motorized leafblower within the City.
(b) Penalties and Remedies.
(1) Any person violating this Section shall be guilty of an infraction, which
shall be punishable by a fine not exceeding two hundred fifty dollars, or a
misdemeanor, which shall be punishable by a fine not exceeding one
thousand dollars per violation, or by imprisonment in the County Jail for a
period not exceeding six months, or by both such fine and imprisonment.
(2) Any person violating this Section may be issued an administrative
citation pursuant to Chapter 1.09 of this Code.
(3) The remedies provided in this subsection are not exclusive, and
nothing in this subsection shall preclude the use or application of any other
remedies, penalties or procedures established by law.
16.A.a
Packet Pg. 934 Attachment: Zwick re leaf blowers 031423_Draft ordinance (5657 : Prohibit gas powered leaf blowers)
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Section 2. Santa Monica Municipal Code Section 4.12.180 is hereby amended as follows:
4.12.180 Restrictions on gardening or landscaping activities.
(a) No person shall engage in any gardening or landscaping activity by use of
any internal combustion, motorized, or electromechanical means during the
following times anywhere in the City:
(1) Before eight a.m. or after eight p.m. on Monday through Friday,
except that gardening or landscaping activities conducted by employees of
the City of Santa Monica or public utilities shall not occur before seven a.m.
or after eight p.m. on Monday through Friday;
(2) Before nine a.m. or after eight p.m. on Saturday and Sunday, or on
New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day,
as those days have been established by the United States of America.
(b) No person shall operate or allow the operation of an internal combustion /
gasoline powered leaf blower anywhere in the City at any time.
(c) No person shall operate or allow the operation of any corded or cordless
electric leaf blower unless the device has a manufacturer’s sound rating not
exceeding 70 decibels and the user can provide documentation of that rating upon
request of a City official.
(d) A permit may be issued authorizing gardening or landscaping activity during
the times prohibited by this Section whenever it is found to be in the public interest.
Applications for such permits shall be in writing, accompanied by any applicable
fee as the City Council may by resolution establish, and shall set forth in detail
facts showing that the public interest will be served by the issuance of the permit.
16.A.a
Packet Pg. 935 Attachment: Zwick re leaf blowers 031423_Draft ordinance (5657 : Prohibit gas powered leaf blowers)
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Applications shall be made to the Community Noise Officer, whose decision shall
be final and not appealable to the City Council.
(e) Penalties and Remedies.
(1) Any person found to be a responsible party violating this Section
more than two times within any twelve-month period shall be guilty of an
infraction, which shall be punishable by a fine not exceeding two hundred
fifty dollars, or a misdemeanor, which shall be punishable by a fine not
exceeding one thousand dollars per violation, or by imprisonment in the
County Jail for a period not exceeding six months, or by both such fine and
imprisonment.
(2) Any person found to be a responsible party violating this Section may
be issued an administrative citation pursuant to Chapter 1.09 of this Code.
Evidence to support issuance of an administrative citation under this
Section may include recorded video taken by an individual along with a
declaration made under penalty of perjury from the individual taking the
video who is a competent eyewitness attesting to the authenticity, date,
time, location, and events concerning the violation.
(f) For purposes of this Section, “responsible party” means any individual or
entity who an enforcement officer determines is responsible for causing or
maintaining a violation of this Section. The term “responsible party” includes, but
is not limited to, a property owner, tenant, occupant, person with a legal interest in
real property or person in possession of real property, the president or other head
of an entity or a person authorized by an entity to receive service of process in a
civil action, a business owner, or manager of a business. An employee of an entity
16.A.a
Packet Pg. 936 Attachment: Zwick re leaf blowers 031423_Draft ordinance (5657 : Prohibit gas powered leaf blowers)
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shall not be held responsible for a violation of this Section if the employee was
provided a prohibited device by a responsible party or directed to conduct activities
by a responsible party when prohibited.
(g) The remedies provided in this subsection are not exclusive, and nothing in
this subsection shall preclude the use or application of any other remedies,
penalties or procedures established by law.
Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
Section 4. 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 within 15 days after its adoption. This Ordinance shall take effect 30 days
from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
16.A.a
Packet Pg. 937 Attachment: Zwick re leaf blowers 031423_Draft ordinance (5657 : Prohibit gas powered leaf blowers)
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Vernice Hankins
From:Natalya Zernitskaya <nzernitskaya@gmail.com>
Sent:Monday, March 13, 2023 9:53 AM
To:Jesse Zwick; Phil Brock; councilmtgitems
Cc:David White
Subject:Item 16A on 3/14/23 Agenda
EXTERNAL
Good Morning Councilmember Zwick and Councilmember Brock,
I noticed the 16 item regarding electric vs. gasoline powered leafblowers and I wanted to bring to your attention the
current restrictions on leafblowers in Santa Monica per municipal code 4.08.270 prohibiting the use of all motorized leaf
blowers within the City (link below). I was unclear whether the proposed item was intended to allow the use of electric
leafblowers while maintaining a restriction on gas‐powered ones.
I urge you to please maintain the restriction on all motorized leafblowers.
https://library.qcode.us/lib/santa_monica_ca/pub/municipal_code/item/article_4‐chapter_4_08‐4_08_270
Sincerely,
Natalya Zernitskaya
Item 16.A 03/14/23
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16.A.b
Packet Pg. 938 Attachment: Written Comments (5657 : Prohibit gas powered leaf blowers)
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Vernice Hankins
From:Elizabeth Lerer <elerer@elizabethlerer.com>
Sent:Monday, March 13, 2023 7:24 PM
To:councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre; Caroline
Torosis; Jesse Zwick
Subject:Agenda item 16-A (March 14th) Please OPPOSE allowing electric leaf blowers.
EXTERNAL
Dear Mayor Davis and Councilmembers,
Please OPPOSE allowing electric leaf blowers.
I’m sure you are aware of the numerous health and environmental hazards caused by motorized leaf blowing.
If you want to encourage and incentivize conversion away from gas powered garden tools, please explore the possibility
of outlawing gas powered mowers, hedge trimmers, chain saws, etc. There are battery‐powered and hand tool options.
Thank you,
Elizabeth Lerer
Santa Monica Resident
Item 16.A 03/14/23
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16.A.b
Packet Pg. 939 Attachment: Written Comments (5657 : Prohibit gas powered leaf blowers)
1
Vernice Hankins
From:zinajosephs@aol.com
Sent:Tuesday, March 14, 2023 11:52 AM
To:councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de
la Torre; Phil Brock
Cc:zinajosephs@aol.com
Subject:FOSP: City Council 3/14/23 agenda item 16-A: OPPOSE
EXTERNAL
March 14, 2023
To: Mayor Gleam Davis
From: Board of Directors, Friends of Sunset Park
RE: 3/14/23 agenda item 16A – Allowing electric leaf blowers
Although it was not unanimous, a majority of the FOSP Board members voted to oppose 3/14/23 agenda item
16-A -- Allowing electric leaf blowers.
The current city ordinance says: " No person shall operate any motorized leafblower within the City. (2) No
owner of real property, tenant in possession of real property, or person in control of real
property shall allow the operation of a motorized leafblower on the property."
The city’s rationale includes the following:
Leaf blowers pose multiple health risks due to air pollution attributed to their use. The pollution includes a
mixture of fine particles blown into the air, particles that can go deep into the human lungs. To address these
concerns and others, many cities have banned leaf blowers; and Santa Monica has recently renewed its
commitment to the enforcement of its leaf blower ban, which has been in place since 1991.
Multiple health threats include spreading airborne particles, which can provoke asthma and other respiratory
diseases, and eye injuries from pebbles and twigs propelled by blowers.
Item 16.A 03/14/23
3 of 5 Item 16.A 03/14/23
16.A.b
Packet Pg. 940 Attachment: Written Comments (5657 : Prohibit gas powered leaf blowers)
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Blowers blow herbicides, pesticides, and fecal contaminants up from the ground into the air, especially
troubling asthmatics and allergy sufferers, and increasing the threat to everyone.
Additional rationale for a ban from the New York Times:
Opinion: "The First Thing We Do, Let’s Kill All the Leaf Blowers"
Margaret Renkl -- 10/25/2021 -- New York Times -- tinyurl.com/2p8shpaw
"Nearly everything about how Americans “care” for their lawns is deadly. Pesticides prevent wildflower seeds
from germinating and poison the insects that feed songbirds and other wildlife. Lawn mower blades, set too
low, chop into bits the snakes and turtles and baby rabbits that can’t get away in time. Mulch, piled too deep,
smothers ground-nesting bees, and often the very plants that mulch is supposed to protect, as well....
“The trouble with leaf blowers isn’t only their pollution-spewing health consequences. It’s also the damage
they do to biodiversity. Fallen leaves provide protection for overwintering insects and the egg sacs of others.
Leaf blowers, whether electric or gasoline-powered, dislodge the leaf litter that is so essential to insect life —
the insect life that in turn is so essential to birds and other wildlife. The ideal fertilizer and mulch can’t be found
in your local garden center. They are available at no cost in the form of a tree’s own leaves...."
Again, a majority of the FOSP Board members oppose item 16-A.
*******************************************************************
Background information
Current Leaf Blower Ban:
https://www.smgov.net/departments/ose/categories/landscape/leaf_blower_ban.aspx
(1) No person shall operate any motorized leafblower within the City. (2) No owner of real property, tenant in
possession of real property, or person in control of real property shall allow the operation of a motorized
leafblower on the property. 4.08.270 Restrictions on leafblower operation.
Item 16.A 03/14/23
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16.A.b
Packet Pg. 941 Attachment: Written Comments (5657 : Prohibit gas powered leaf blowers)
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Leaf blowers pose multiple health risks due to air pollution attributed to their use. The pollution
comes in the form of unburned fuel, from the inefficient combustion process inherent in such
devices, and from a mixture of fine particles blown into the air, particles that can go deep into the
human lungs. To address these concerns and others, many cities have banned leaf blowers; and
Santa Monica has recently renewed its commitment to the enforcement of its leaf blower ban,
which has been in place since 1991.
See Leaf Blower
Facts page: https://www.smgov.net/Departments/OSE/Categories/Landscape/Leaf_Blower_Facts.
aspx
Health Risks
Leaf blowers create unnecessary noise and air pollution, endangering you, and the community. Mount Sinai School of
Medicine’s Pediatric Environmental Health Specialty Unit says gas-powered leaf blowers pose multiple health threats.
They include spreading airborne particles, which can provoke asthma and other respiratory diseases, and
potential pollutants like ozone, carbon monoxide, nitrogen oxides and hydrocarbons. Hearing damage from the engine
noise and eye injuries from pebbles and twigs propelled by blowers are also cited.
Bad Air
With a muzzle velocity of 150 miles per hour, gas blowers blow herbicides, pesticides, and fecal contaminants up
from the ground into the air, especially troubling asthmatics and allergy sufferers, and increasing the threat to
everyone.
Item 16.A 03/14/23
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16.A.b
Packet Pg. 942 Attachment: Written Comments (5657 : Prohibit gas powered leaf blowers)