Loading...
SR-702-003 (2) ~S:JG:MS:HD:VR:b. Counc~l Meetlng: 14/86 .. ~ s.a Mon1.ca, Cal1.fornla ?02-003 , I-A JAN 1 4 1986 TO: Mayor and C~ty Councll FROM: C1.ty Staff SUBJECT: Recommendat~ons to Mit~gate Noise Problems Resulting from Motor~zed Leafblowers by Lim1.t1.ng Hours of Usage, Propos1.ng a Plan for a General NOlse Ordinance, and Advlsing Gardeners of Ordinances. Introduction This report provldes Council Wl th lnformation regardl.ng various optlons for mitl.gation of noise problems related to motor1.zed leafblower use and the approach taken by other clties regulatl.ng the use of such equipment. Recommendations are made to lim1.t the hours of leafblower usage and to authorlze further analysls for development of an overall communl.ty nOlse ord1.nance. Background On December 10, 1985 Council requested staff to provlde l.nformation on the advantages and disadvantages of motorized leafblower use, the experience of other area c1.ties In regulating leaf blower use and to determine the extent of motorlzed leafblower use by C~ty groundskeepers. Staff was also asked to l.dentLfy alternatl.ves to prohibltion WhLCh would address concerns ral.sed by members of the public. Council expressed concern about the nOlse produced by the motors, the dust generated by their use, the accumulatlon of debris which can result, and the wasteful use of water WhlCh could result ~f the bannlng of leafblowers forced gardeners to seek deb:n.s-clearing alternatives. 11-,4 JAN 1 4 1986 - 1 - . . Staff subsequently dlscussed the matter with: a representatJ..ve of the Southern California Gardeners' Federation; City staff responsible for the development and/or enforcement of leafblower usage ord~nances or gUldel~nes ~n the citles of Carmel, Lomita, Laguna Beach, Newport Beach, Beverly Hills, and the City of Orange; the local distributors of the motorized leafblowers owned by the Clty of Santa Monica; and representatives of varlOUS City of Santa Mon~ca departments currently or potentJ..ally lnvolved in thlS issue. Santa Monica does not d~rectly to the use of Municlpal Code prohiblts ordinary sensltiveness," noise which an ordlnance relatlng Section 4204d of the disturbs "persons of refer to the use of currently have leafblowers. but does not speclfic types of machlnery. Section 4204dl prohlb~ts demolltion, excavatlon or grading between the hours of 8:00 p.m. and 7:00 a.m. daily and bans all such actlvity on Sunday. Sectlons 7800c and 7800e prohiblt the sWeeplng of litter lnto street gutters and onto occupled private property. Clty of Santa Monica personnel began uSlng leafblowers 1n 1980 and twelve machlnes are now in operatlon. They are used primarlly to blow grass and leaves off paved areas of city parks. Blowers are used between the hours of 7:30 a.m. and 4:00 p.m. from Monday-Friday. It 1$ estimated that the motorized blowers can accomplish the work three to four times faster than brooms or rakes. - 2 - . . Motorized leafblowers have been criticlzed because of the n01se generated by their motors, the health and sanitatlon lmpacts of the dust, smoke and gasollne fumes resulting from thelr use, and the accumulation of debr~s. Leafblower manufacturers' dlstributors and the Southern Cal~fornia Gardeners I Federatl.on l.nsist that such mach1nery can be operated ln a relat~vely quiet, responsible and non-polluting manner and that leafblower use 1S time-, cost-, and water-savlng. Actual leafblower operatlon, however, depends on the ability and will J..ngnes$ of the user to malntaln the machlnery properly, to operate the leafblower on lower speeds in order to mlnlmize noise, to use machlnery ln a safe and responsl.ble fashion, and to collect and dispose of debrls generated. Options available to the Cl.ty for the regulatlon of leafblowers J..nclude: 1) bann~ng usage ~ 2) 11mi tJ..ng hours of usage i 3) developJ..ng an overall communl.ty nOlse ordlnance; and 4) establishing gUJ..dell.nes for voluntary compliance. Option #1: BannJ..ng of the Leafblower A ban of motorized leafblowers could lead many gardeners to turn to water as an alternative method of clearing debrlS. Accordlng to the Santa Monlca Water DivJ..slon, the average garden hose releases 3.5 to 5 gallons of water per minute. Accordlng to the Gardeners' Federation, the average gardener uses a leafblower for approxlmately 10 mlnutes per garden site. It is estimated that the same Job us~ng water would requ~re at least 10 mJ..nutes and probably longer, which amounts to a min~mum of 35 gallons of water consumed per garden site per Job. Assuming that - 3 - . . approx~mately 35% of the City's single famlly resldentlal units and 80% of the multlple famlly residential unlts utllize bi-weekly gardening serVlces, then approximately 211,000 gallons would be used per b~-weekly perlod or 5.5 mll110n gallons per year. That represents a .10% increase in total annual City water usage, and is enough water to supply 17 famll~es wlth water for one year. In addition, water-transported debris would increase the load on the storm sewer system and resul t ~n addl tlonal nuisance flow onto local beaches. A ban of motorized leafblowers may also lead increase charges for gardenlng services due to labor and time of gardening without the machinery. gardeners to the lnc reas ed The potential lncrease 1n the prlce of gardenlng services could then result in the decreased use of such services by property owners. Enforcement would be requlred to ensure compllance wlth any ban. Al though Beverly Hills and Carmel have prohibl ted the use of gasoline engine leafblowers, It lS lnformally reported that the machines contlnue to be used due to lneffectlve enforcement procedures. Violations tend to be lnvestigated only as a result of compla~nts and fines are rarely charged. As a result, gardeners reportedly are willlng to use the leafblower and risk being reported. Beverly Hills has had an ord2nance prohib~ting the use of gasollne-powered leafblowers sJ.nce 1978. It is enforced by the police department which responds to citizen complaints and issues tlckets to violators. The court sets the fines for municlpal - 4 . . code vlolations which are usually $80. Thl.s year the Cl. ty ~s planning to send a mailer to all gardeners operating ~n Beverly Hills ~nform~ng them of the Clty'S prohib~tion. Malntenance staff of Beverly Hl1ls contlnue toiUegally use blowers for park malntenance because they are more cost effect1ve than hosing, raklng or sweeping. Carmel has had an ordinance prohibiting the use of gasoline-powered motors since 1980. Enforcement AS carrled out by the Police or the Code Enforcement Off1cer in response to complalnts. Vlo1ators are generally lssued a warnlng. Few complalnts have been recelved from the public, but it lS not clear whether thlS lS the result of reduced usage of leafblowers due to the ordinance or to ll.ml.ted public concern about the use of leafblowers. Option *2: Liml.ted Hours of Operation L1-ml-ting hours of leafblower use is an alternative to banning which would prohibit use of the machinery during late evening and early mornl.ng hours. This option assumes that noise 1S the most unpleasant result of leafblower use and lt elimlnates blower nOl-se during regular sleeplng hours. The citles of Newport Beach and Orange currently prohibit the use of leafblowers from 10 p.m. to 7 a.m. and enforce the ordlnance ln response to complalnts. Cl.tl.ng the ordlnance, both cltl-eS have successfully curta11ed early morning leafblower use by gardeners. Prohlbltlng leafblower operatlon between 10 p.m. and - 5 - . . 9 a.m. on weekends is a voluntary gUldellne urged by the City of Laguna Beach. Option #3: Development of an Overall Community NOlse Ordinance Another option which City staff examlned was the development of an overall community noise ordlnance for the Clty. Such an ordlnance would apply not only to leafblowers but also to such nOlse sources as dance halls, restaurants wlth live mUS1C, pumps, fans, etc. A model communlty noise ordinance has been developed and dlstributed widely throughout the country by the Environmental Protectlon Agency (EPA) and the National Instltute of Occupatlonal Safety and Health (NIOSH). Varlations of the model ordlnance have been implemented in Long Beach, Los Angeles County, Irvine, Orange County (which also provldes enforcement for seven additlonal clties In the county) and widely throughout the Bay Area. The model ordinance essentially deflnes perrnlssible levels of nOlse above the surroundlng ambient nOlse level In a given nelghborhood. The followlng chart deplcts the suggested exter~or noise standards contained 1n the ordinance. SUGGESTED EXTERIOR NOISE STANDARDS Allowable Noise Zone Type Of Land Use Tlme Interval Exterlor NOlse Level I Slngle-,double-or multlple-famlly lOpm-7am 7am-lOprn 50 dBA 55 dBA - 6 - . . residential (R-l, R-2, R-3, or R-4) II Single-,double-or multlple famlly res~dent~al (R-l, R-2, R-3, or R-4) lOpm-7am 7am-IOpm 55 dBA 60 dBA III Commercial (C-l, C-2, etc.) lOprn-7am 60 dBA 65 dBA IV Industr~al or manufacturing (M-l, M-2, etc., or I-I, 1-2, etc.) Anytime 70 dBA Misdemeanor penalties can be assessed for persons exceedlng the exterior noise standards over 15 minutes lO a glven 1/2 hour or for shorter periods of time l.f the nOlse levels slgn1.ficantly exceed standards set. The louder the n01.se, the shorter the allowable tlme period and the greater the penalty for violatlons. The ordlnance thus requires actual measurement of noise levels by enforcement personnel such as BU1.ldlng and Safety Offlcers. Lay people can be tralned to operate the equipment In a 2 to 3 hour per1.od. Such equipment costs $3,000 - $4,000 per unlt, although SUl table equlpment is available for City use at the Airport. Staffing requirements for such a program appear modest. For example, one enforcement officer handles noise control for all of - 7 - . . the unlncorporated areas of Orange county as well as seven add~t~onal citles on a contractual basis. Such a community noise ordinance would provide a rat~onal, balanced approach to the problem of noise pollutJ..on from a var~ety of sources. The ordlnances have reportedly proven to be enforceable w1thout requiring large amounts of staff time. It further appears that the model nOlse ordinance could be fairly easlly adapted to Santa Mon~ca's needs. Optlon #4: GUldellnes for Voluntary Compliance A fourth option 1S to refra1n from adopting a noise ordlnance or placing any formal restrlctions on leafblower use. Some citles have selected this option 1n order to avoid enforcement costsjresponslbll1tles assoclated with nOlse, dust or debris ordlnances. The alternative 15 to develop a voluntary set of leafblower use gu~delines and to educate professional gardeners and private residents about safe, clean and responslble use of leafblowers. The Southern Californla Gardeners' Federatlon has issued a set of recommended guidel~nes WhlCh they have dlstributed to their membershlp and to local communlties lnterested ln minlmizlng the noise and dust resulting from leafblower usage. The C.l. ty of Laguna Beach developed a slmilar set of voluntary guidelines in cooperation with the Gardeners' Federatlon. These guidelines are passed out with the business lJ..cense tax lnformatlon to gardeners operating ln the area. The gUldelines provide informatlon on recommended hours for leafblower operation as well as tips on - 8 . . no~se, dust, smoke and gasol~ne fume reduction techn~ques. Debr~s collection regulations are also outllned. Budget/Financial Impact The workload demands associated wlth enforcement of the ord~nance W1.l1 be evaluated as part of the 1986-87 budget review process with partlcular emphasis upon whether or not existlng departmental staff can absorb this enforcement responsibility. If additional personnel or equlpment resources appear to be needed, Counc1.1 will be asked to authorize expendltures l.n the context of the proposed budget. Reconunendations It is recommended that Counc1.l: 1. Dlrect staff to develop a proposal and l.mplementat1.on plan for a noise ordlnance for reVlew by Clty Council in conJunction with the 1986-87 budget process; 2. Direct the Clty Attorney to draft an ordinance prohib1.ting usage of the machines from 8 p.m. to 8 a.m. durlng weekdays. and from 8 p.m. to 9 a.m. on weekends; 3. Dlrect staff to develop an lnformational flier on the City's ordlnances and distrlbute thlS fIler through the Business Llcense Divlsion to gardeners operat1.ng with1.n the C1.ty. Prepared by: Julia Gr~ffln, Senior Management Analyst Meganne Steele, Budget Director Hank Dlttmar, Alrport Director V1Vlan Rothsteln, Asst. to the D1.rector of Recreatlon and Parks 9 - ~ . . . \ C") 1 ' ~ C( OlD ... co sn Q) c ~ -c "<:l" -e ..... lit ~o 0( :z: W ~~ :!;1 10 III ~ a; :I: m D'I Q) ~ "ai Cl c ~ <( 0 Cl) 0 ~ ..j C M co 0) en ... M (II ~ ~ I ~ ::I c 1.2 III .., :>; (Q : .c 'C c :I ~'~ CI) N !1lJ e ..... m .c .... -c "'w I:,D "'- "0"0 f~ ~ fri'i~ "'OlI-oI: :: >.~ ~t c S::ClloC G.l C. N ""0'" G.l'-S:: .cc.o -...0 1;:I::t: "0 ~R;':': .......c~ 00",,. YCllS" eN .r,n go;;.?;>~ c:.J"O.2 Cll5 g Y xs::;:o:I <:iC....S . . ) ;.)~.~_ l-.Ii:-"',l: .. S ~ ... E '" ~ <:.> s::- ,:.: -'" '" "0 0 ... ~a S - <:.> 'C :ce:: ~ C",N <:.> ;:1<:.>- Co Oo:.:w- Co '-"",- ell ......0 .Q - P:.IJ.... .... _s::"O ~ : Dn~ ~ .'-:; <:.> '" ~-=::. .c .c-'" ~1'~ce =1::==5. ~ ;~ -=t~ :;~g. Ell/'" >.t; ~ :C-'O ~.s~ _ell .t:.r;) C ~':::.;: ...G.lQ,l "5!~~ ~:;s : .....VJ :;;.;~~ -~ Ci'O.c . c;.. s;.. g : _ ~'QJ C &"N.c"Cll ~-,tj+.ltje l:I.C",&..< : g ~ ~ :X::Ow ~ .J ;# ~ ..,.~ "" .. ~ - -g :I =.:: 11.I .!: o .... "'" 0 '" o.c ."0 :as ,COl~~.c=.15S:: Cl1~ ,,{ ~ ~~~o~ ~ ~-S ~ ~ ="O~c..~~ ~:i g;"O:-,;?ii~r;=~~ CO _41... =",O-I-oCl= OS:: = Eo:.: ~Cll>.C:;:I.c<:.> <1:':': ~o:I......co~o"'c. =::1= "'0.0 ",-...~>.g<:: EO.cQ,f..i~ G.l.cC(,.I(l)c.s Q,f>-=c.~,1>' >.~o<"!~otr.l .c...= Sl; ~Cl,I:::::: Q,f e- :-.... ..... ~ .= ":il;~ ~ :! Q) ~:: 5 '3 ~ o Cl,I"'ii-.- 1Jl~"',.S;!>.1f:: .:.:-;::.c (ll" ,d'C ....(ll c: e..:l E;; Cl,I.. c:"O.- C _w;l--Q .c"-ta:tc-..=~ .cCllO."''''O: 0<1:0:1"0::'- ::.c >'R; ~ "0 ai C) 1lI >. Q,l .. <:..J '" = >'.1::1;;.'" ... C .. - :1.2 >. ;:1..:"";0,..",::1 :;lo~~S::.c,;:: ~ Cl,I"C~;r.;:l ~ QJ- c.~ c (,; . ;..,::3-'. - ,:.:c:,;OC<1>llI -6~ ~=a8::: .... = oo:t. ~ ~ _ . . l'lI QJ .. ell Q,l c.'O or"! ~ ... .. C 0 - .0 = ~ =~~ ~~ ~-~e~ ~ ~ c= ~ ;' ;;: ~ ~..!Ol "l _ G.l "l ~ ~ ... 0: ....... ~, .... '" c, .. Y o~c<ll~ "OeD tr.Ic-~.... 0-5"'-<<l~.:g ~'" -c-~ c~ C<ll~~- ....~~-~~~~~ ~~~ ~-c=~ =<<llOG.lC~<ll fCy~~ <ll~ ~ Sac QJ~~~E =",~~yo<ll~ -~~5~':::=0~QJ c-- ~c.- ~ _QC~<llO~o ~~~~~~C~-~ ~~~ .c=(,.I~~ ~~oo~~~.. ~~~e~~O~'t:l~ ~-'" ...=~~~ ...C~....~~~~ ~~OQ~~~-OC CE - ,.~ ~-<ll't:l.ccc", .c--tr.I~co:.:o", ~~ o~=.... ~~-~_O<<ll ..."C~-~~y~.c<<l "l9~ c~2~~ ~~~~~t ~ c<:.>....~o>~~~~ ~..~ o"'~~8 <<l~~_~~5c. ~~~~E5..!Ol<<l~= ~:.c ~~=-o Q,l~C~$.c~E O<<l -s~~s~~ =-~ ~O--.... E:O~~S~~ 't:l'Oi~-.c~~~c ot:::,l .cl''Oell<~ o"'~- --QJ >'C-o<ll~ - ~- OEU ..~.c QJ ~O""<<ltc"'''' <':l<ll- -c"O~.c""o c "";'-~.:: '><ll::l_oQJQJ ~ CLl"O'"'-aJ;:I<:: ~2> ~~CLl~_ ~<ll~~- s- C~<llC.c...o~c ~oc _~~c_ --'C<ll<<l~..~ ~9_~<ll~~~=~ "'0 <ll~~<<lO >.....-_-"'- ~..-CLl~..~<<lC- .... (,.I '::~",t~ !e<ll't:lO~~& ~~~==sc.'t:l't:l't:l ~E", ~~~<<lC ~ox~.c~~", 't:l"'~ ~CLl~~~~ :~:...'t:lCCEQJ O"'N..<llO-~ <<lC~~C'::"'~~~ CLl -~c-- CL/ -CL/UllICLl<<l E~""l-..<ll . ",CLlC.._'::~.....::<:.>QS::c_-....c'" 'Oc",Cc~<ll"O~ =~c~~UU~...c~~O;:lC",,,,,~;:I-,,, ,-<ll<ll~'t:lC~ 0...;..,<':1 o:I~,;C....o OOOO<<l_.::O <<l~o~.::.::<ll<<l~ .::'t:l~(,.I EC~<ll~ 't:l~~~~o...>. ~~-~-_.I::I'::~ 4l; c>. ge ~= ~<l.> ...~ ~511.1~ti C bl\_"- -L-I. tII - ",Q) <tI Q),;C c.c ~ c:"'::I0 5 .w 0; -g ~'t:l ::; .c "0'" ....Ql~ -~c~elIl;,l_"l ~~~~~~e~ .. :.<<l-C :c 15 .g .c_", QJ~;:;~ tilil"CIc5 <ll""!.'l-~ j .1 ; = :; 4>... "0 c ~~Eo=~ cr.o..o;:;c.oo --:!",>.;:I~;.., ,;C~c....<;.f"s 'g~:g%~~....