sr-011910-13d13-D
January „ 2010
Council Meeting: January 12, 2010 Santa Monica, California
CITY CLERK'S OFFICE -MEMORANDUM
To: City Council
From: Councilmember McKeown
Date: January 12, 2010
13-D: Request of Councilmember McKeown that staff prepare for Council
consideration amendments to the City's leafblower ordinance, such that
property owners become responsible for adherence to the law and that
enforcement is shifted from the Police Department to the Office of
Sustainability and the Environment, with a specified sequence of warning
letters and administrative citations; such amendments to be adopted after
a reasonable period of public education about the new policies.
13-D
January , 2010
,, Information Item
tiaat.~ ttonins'
Date: December 11, 2009
To: Mayor and City Council
From: Jennifer Phillips, Assistant City Manager
Subject: Restrictions on Leafblower Operation
Introduction
This report offers information regarding methods for enforcing existing restrictions on
leafblower operation for possible Council consideration and direction, including
modification of the existing Municipal Code.
Background
The City of Santa Monica first adopted restrictions on leafblower operation in 1991, and
amended the code in 1995. Existing code is targeted at users of motorized leafblowers
and makes violation of the ordinance, which must be witnessed by an officer of the law,
an infraction or misdemeanor, punishable by fine and/or imprisonment.
Discussion
Restrictions on leafblower operation were adopted in response to noise and nuisance
concerns, fall within the City's Public Welfare, Morals and Policy Code section, and are
enforced by Santa Monica Police Officers. Within this model, efforts to curb leafblower
use have been focused on enforcement by a police officer who witnesses operation and
issues a misdemeanor citation. The difficulty of direct observation, in addition to modest
public knowledge of the restrictions, has limited the ordinance's effectiveness.
Santa Monica has similar limits on water usage. Water conservation requirements apply
to all persons in Santa Monica and violation of the "No Waste Water" ordinance is
punishable by a fne. However, enforcement of "No Waste Water" is managed by the
Office of Sustainability and the Environment (OSE), rather than the Santa Monica Police
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Department (SMPD). OSE staff patrol the City and attempt to take a photo of the
violation as it is occurring. In other cases, residents and business owners call or a-mail
OSE to report a violation. In those instances, staff conduct a site visit. After witnessing
the violation(s), staff send a pending violation letter and photo, if applicable, to the water
account customer listed at the property site where the violation(s) took place. The letter
states the violation(s) and corrective actions, and. directs the customer to call the staff
person who issued the letter when in compliance. In cases where a potential violation is
reported by others but not witnessed by staff, an informational and educational letter
noting the potential violation is sent to the water account customer.
Enforcement of the "No Waste Water" and leafblower ordinances could be performed
concurrently, as OSE staff report witnessing both over irrigation and leafblowing
activities. OSE has a team of three staff and one consultant who conduct daily water
patrols as well as respond to calls. Already, "No Waste Water" literature includes basic
education about the leafblower ban. However, when staff see violations of the
leafblower ordinance, they must call for an SMPD officer to witness the offense.
Modifcations to the existing leafblower ordinance to hold property owners, rather than
leafblower operators, responsible for adherence to the law, combined with additional
public education and enforcement by an expanded team of OSE staff via an
administrative citation, may increase compliance and effectiveness. Such changes
would require an amendment to the existing ordinance..
The cost for conducting further public outreach and education regarding leafblower
restrictions, documenting violations, and assuring compliance is estimated to be
$50,000 per year for the addition of a .5 full-time-equivalent (FTE) to the OSE
enforcement team and associated marketing. If Council is interested in pursuing this
approach, staff recommends that modifications to the existing leafblower ordinance and
changes to enforcement practices be placed on a future Council agenda on 13-item for
further consideration and direction from the body.
Prepared By: Danielle Noble, Assistant to the City Manager
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s~D~ ~ ~
Prom: Wilmont Board [wilmontboard@gmail.com]
Sent: Tuesday, January 19, 2010 8:06 AM
To: Council Mailbox; P. Lamont Ewell; Clerk Mailbox; pam.oconnor@smgov.net;
richard.bloom@smgov.net; robert.holbrook@smgov.net; bobby.shriver@smgov.net;
kevin@mckeown.net; Gleam Davis
Subject: Wilmont: Leaf Blowers -Council 1/19 agenda item 13-D
The Wilshire/Montana Neighborhood Coalition (Wilmont) supports Councilmember McKeown's
Amendments to the City's leaf blower ordinance, such that property owners become responsible for
adherence to the law and that enforcementis shifted to the Office of Sustainability and the Environment,
Item 13-D on the January 19, 2009, City Council Meeting Agenda.
At Wilmont's annual meeting, members voted unanimously that they wanted enforcement of the leaf
blower ordinance because of the noise and toxic pollutants being blown around, which affect the health
and well being of the residents.
Please see the following information about leaf blowersr
Orange County Grand Jury Report (1999)
City of Palo Alto City Manager's Report (1999)
(1) Toxic exhaust fumes and emissions are created by gas-powered leaf blowers.
(1) Gasoline-powered leaf blowers produce,fuel emissions that add to air pollution.
(2) The high-velocity air jets used in blowing leaves whip up dust and pollutants. The particulate matter
(PM) swept into the air by blowing leaves is composed of dust, fecal matter, pesticides, fungi,
chemicals, fertilizers, spores, and street dirt which consists of lead and organic and elemental carbon.
(2) Leaf blowers (gasoline and electric) blow pollutants including dust, animal droppings, and
pesticides into the air adding to pollutant problems.
According to the EPA-and ARB, "air pollution from leaf blowers can increase the number and severity
of asthma attacks, cause or aggravate bronchitis or other lung disease, and reduce our ability to fight
infections."
The ARB states that a "leaf blower creates 2.6 pounds of PM10 dust emissions per hour of use."
According to the Lung Association, "a leaf blower causes as much smog as 17 cars ... The lead levels are
of concern due to [their] great acute toxicity... Elemental cazbon...usuallycontains several adsorbed
carcinogens." "Another study found azsenic, cadmium, chromium, nickel, and mercury in street dust as
well."
For all of these reasons, Santa Monica outlawed leaf blowers years ago.
Unfortunately, they are still in h~vide use as the current law cannot be enforced.
The proposed amendment shifts enforcement from the police department to the Office of Sustainability
1i19i2o1o ~~p ~~D /.3~,/~
and the Environment. This office is better suited to enforce laws without requiring an officer to witness
the actul violation. Further, the same organization that now enforces laws against using hose to "sweep
away" leaves will be responsible to enforce laws against leaf blowers beirig used for the same purpose.
By shifting the burden of responsibility to property owners, it provides real incentive to avoid the use of
leaf blowers. Many property owners, especially in condominiums, are powerless to prevent their yard
maintenance crew from using leaf blowers. This change will provide them with the clout to
force compliance.
Therefore, Wilmont urges your support of the Amendments to the leaf blower ordinance.
Valerie Griffin
Chair, Wilmont Board
1/19/2010