O2323City Council Meeting: September 28, 2010 Santa Monica, California
ORDINANCE NUMBER 2323 (CCS)
(City Councit Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 4.08.270 SANTA MONICA MUNICIPAL
CODE RELATING TO RESTRICTIONS ON LEAFBLOWER OPERATIONS
WHEREAS, the use of motorized leafblowers adversely impacts
community health and welfare; and
WHEREAS, motorized leafblowers generate high noise levels, which
disrupt neighborhood tranquility, disturb residents, workers and visitors, and
thereby degrade the quality of life in Santa Monica; and
WHEREAS, the use of motorized leafblowers increases the volume of
particulate matter in the air and thereby exacerbates allergies and respiratory
ailments; and
WHEREAS, in order to combat these problems, the City has prohibited the
use of motorized leafblowers for about 20 years; and
WHEREAS, despite this prohibition, and despite education and
enforcement, the use of motorized leafblowers has persisted to the community's
detriment; and
WHEREAS, the persistence of this unlawful activity necessitates the
adoption of more stringent measures, including holding business and property
owners responsible for the illegal use of leafblowers by their employees or
agents and on their property.
flW. THERIwFORE. THE CITY COU~ICiI_ t~F THE CITY flF SANTA M{7NI~A
DC?ES HERE~iY (3RI~AI~f AS FOLL{3WS:
SECT1C3~1 1, Santa Monioa Municipal Code Section 4.fl8.270 is hereby amended
to read as follows:
008.274 Restr€ctl~ns on I~af~2lo er aperatlcsrr
(a} Prohibitions:
(1} Rio person shall operate any motorized
leafblower within the City.
{2} tea owner of real property, tenant in
possession of real property, ar person in control of real
property shall allow the operation of a motorized leafblower
on the property,
{3} hIo person wfza owns or operates a
gardening, landscape maintenance or similar. service shall
allow an employee or agent of that service to operate a
motorized ieafblower within the City.
{b} Penalties and Remedies:
{1} Any person violating this Section shall
be guilty of an infraction, whioh shall be punishable by a fine
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not exceeding two hundred fifty doElars, or a misdemeanor;
which shelf be punishable by a fine not exceeding one
thousand dollars per violation; or by imprisonment in the
{2j Any person. violating this Section may be
issued an administrative citation pursuant to Chapter 1.Q9 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.
SECTIC?f~ 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SCTIO~1 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
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SECTIOE~ 4. The Mayor shall sign and the City Clerk shah attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 35 days after its adoption. This Ordinance shad become
effective 30 days from its adoption.
Ai'PROVED AS TO I=OI~M:
Approved and adopted this 28th day
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
201 .
(~
ver, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2323 (CCS) had its introduction on September 14th,
2010, and was adopted at the Santa Monica City Council meeting held on
September 14th, 2010, by the fo-lowing vote:
Ayes: Council members: Bloom, Davis, Holbrook, McKeown, O'Day
Mayor Pro Tem O'Connor, Mayor Shriver
Noes:. Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2323 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, City Jerk