Sponsor: Councilor Paul, Ordinance Committee
Public Hearing Dates: __
First reading: 01/21/20
Referred to: Ordinance C
Rules suspended and placed in all stages of passage: _
Second reading: 04/12/21
Signed by Mayor: 05/03/21
It is hereby Ordained by the City Council of the City of Burlington as follows:
That Chapter 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of Burlington be and hereby is amended by adding a new section, Sec. 21-14, Leaf blowers, thereto to read as follows:
Sec. 21-14. Leaf blowers.
(a) Purposes. To further the well-being of the City by reducing noise, reducing carbon emissions, and eliminating nuisances caused by leaf blowers.
(b) Memorial Day to Labor Day. No person shall use a leaf blower within the City from Memorial Day to Labor Day in each year, except as follows:
(1) Electric or battery-powered leaf blowers on which is affixed a manufacturer's label indicating the model number and a noise level not in excess of 65dBA per residential lot may be used subject to the other provisions of this section;
(2) Only one leaf blower may be used at a time in any lot less than 5000 square feet.
(c) Labor Day to Memorial Day: Between Labor Day of one year and Memorial Day of the next, only leaf blowers meeting the following criteria are permitted for use:
(1) Leaf blowers must be manufactured after January 1, 2005 for EPA Class 4 engines and after January 1, 2008 for EPA Class 5 engines;
(2) Leaf blowers must bear an affixed manufacturer's label indicating the model number of the leaf blower;
(3) Leaf blowers must bear an affixed manufacturer's label documenting a noise rating of 65 dB(A) or less; and
(4) Leaf blowers may only be used with any muffler, full extension tube and sound attenuating devices supplied by the manufacturer of the leaf blower. Non-factory modifications are not permitted.
(d) General Rules of Operation
(1) Permitted hours of use. Leaf blowers may be operated only during the following times:
Monday – Friday: 7:00 a.m. – 5:00 p.m., except in an emergency to prevent flooding or other serious damage on an emergency basis.
Saturday: 8:00 a.m. – 5:00 p.m.
Sundays and legal holidays: prohibited except for operation by a resident of the property on which the leaf blower is operated between 9:30 a.m. and 5:00 p.m.
(2) No person may blow or deposit debris onto a neighbor's property.
(3) No person may blow or deposit debris onto a public street, sidewalk, or right-of-way.
(4) No person may operate a leaf blower so as to cause dust or debris to be blown into a resident's windows or doors.
(e) Effective Dates
(1) City departments that employ the use of leaf blowers shall abide by this ordinance commencing August 1, 2021.
(2) Businesses that use leaf blowers in their business (e.g., landscaping or gardening businesses) and provide such service to 10 properties or more or property owners with 10 or more properties within the City shall abide by this ordinance commencing September 6, 2021.
(3) Businesses that use leaf blowers in their business (e.g., landscaping or gardening businesses) and provide such service to fewer than 10 properties or property owners with more than one and up to 9 properties within the City shall abide by this ordinance commencing December 31, 2021.
(4) Every other person or entity within the City shall abide by this ordinance commencing May 31, 2022.
(1) Any leaf blower operated at more than 65 decibels at any time will be considered a violation of the City's noise ordinance, Section 21-13 of this Code of Ordinances.
(2) Any other violation of this section may be enforced under Section 1-9 of this Code of Ordinances, except that the minimum fine shall be a penalty of one hundred dollars ($100.00).
* Material underlined added.