HomeMy WebLinkAbout91-12 - Use of Leaf Blowers within the CityORDINANCE NO. 91-12
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
ADDING CHAPTER IY TO TITLE 11 OF THE
COSTA MESA MUNICIPAL CODE PERTAINING
TO THE USE OF LEAF BLOWERS WITHIN
THE CITY OF COSTA MESA
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa finds
and declares as follows:
WHEREAS, the use of leaf blowers causes significant air
pollution and noise impacts by their operation and nature of the
equipment; and
WHEREAS, health and safety effects are experienced due to
uncontrolled operation of leaf blowers; and
WHEREAS, the use of leaf blowers causes nuisances to adjacent
properties and public ways due to blowing and distributing dust,
dirt, leaves, grass clippings, cuttings and trimmings from trees,
shrubs and other debris; and
WHEREAS, concern for control and abatement of this nuisance
has been received from our community and citizens at large.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
adds to Title 11 as follows:
SECTION 2. Chapter IX is hereby added to Title 11 of the
Costa Mesa Municipal Code to read as follows:
"CHAPTER IX. REGULATION OF LEAF BLOWERS"
Section 11-164. Definitions.
For the purpose of this chapter, the following terms shall
have the following meanings unless it is clear from the context
that a different meaning is intended.
(a) The term "leaf blower" is defined as portable power
equipment powered by fuel or electricity and used in any landscape
maintenance, construction, property repair, or property maintenance
for the purpose of blowing, dispersing or redistributing dust,
dirt, leaves, grass clippings, cuttings and trimmings from trees
and shrubs and other debris.
(b) The term "parcel" as used in this Chapter means a unit of
land shown as a separate parcel on the latest equalized assessment
roll. Contiguous parcels owned by the same individual of entity
shall be considered one parcel for the purposes of this chapter.
(c) The term "residential area" as used in this Chapter means
any property zoned for residential use as provided for in Chapter
II of Title 13, of this code. Sidewalks and streets adjacent to
residential property shall be considered a residential area for
purposes of this chapter.
Sec. 11-165. Limited Use.
(a) In residential areas, or within 50' thereof, the use of
leaf blowers is prohibited except during the hours of 7:00 a.m. to
5:00 p.m., Monday through Friday; 9:00 a.m. to 5:00 p.m. on
Saturdays; and 12:00 noon to 5:00 p.m. on Sundays and legal
holidays.
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(b) Notwithstanding provisions of Chapter IX, Title 13 of
this Code, the maximum noise level emitted by leaf blowers shall
not exceed 65 decibels when measured at a distance of 50 feet and
shall not exceed 55 decibels for more than a total of 15 minutes on
any parcel on any day.
(c) Leaf blower operations shall not cause dirt, dust,
debris, leaves,a grass clippings, cuttings or trimmings from trees
or shrubs to be blown or deposited on any adjacent or other parcel,
land or lot upon which the leaf flower is being operated. Deposits
of dirt, dust, leaves, grass clippings, debris, cuttings or
trimmings from trees or shrubs shall be removed and disposed of in
a sanitary manner, to prevent dispersement by wind, vandalism, or
similar means.
(d) Leaf blowers shall not be operated within a horizontal
distance of ten (10) feet of any operable window, door or
mechanical air intake opening or duct.
(e) Each leaf blower shall have the business name, address,
telephone number affixed to it in a clear, identifiable manner.
Sec. 11-165. Enforcement.
The provisions of this Chapter shall be enforceable, and
violations shall be punishable, pursuant to Section 1-33 of this
Code. Minimum bail for violation of this ordinance shall be fifty
dollars ($50.00). The operator or the owner of the business for
which the operator is employed may be cited for violation of this
Chapter.
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Section 3.
This Ordinance shall take effect and be in full force thirty
(30) days from and after passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published
once in the ORANGE COAST DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa, or,
in the alternative, the City Clerk may cause to be published a
summary of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED THIS aO-V'- day of , 1991.
M4"4U-'V-&
City of Costa Mesa
Attest:
2
Deputy City Cler f the City of Costa Mesa
APPR
OVED
AS TO FORM: (�
City Attorney
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STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 91-12 was introduced and
considered section by section at a re lar meeting of said City
Council held on the 6Ch day of 191[, and
thereafter passed and adopted as a who e a regular meeting of
said Council held on the i4O day of , 192/, by
the following roll call vote:
AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey
NOES: COUNCIL MEMBERS: Buffa
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the
Seal of the City of Costa Mesa this a1 day of ,
19q.
Cfty Clerk and ex -officio Cle
of the City Council of the City
of Costa Mesa
By:
Deputy ity Clerk
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