HomeMy WebLinkAboutOrd 16811
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE N0.1681
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING MUNICIPAL CODE CHAPTER 10.40 TO LIMIT THE USE OF
LEAFBLOWERS IN RESIDENTIAL DISTRICTS
The CITY
COUNCIL of the
CITY OF BURLINGAME does hereby ordain as
follows:
Section 1.
Section 10.40.037
has governed the operation of lealblowers in
the city for
the past seven years. The cityhas received requests from citizens seeking a shortening of the hours
of operation of leafblowers and controls on the decibel levels of the leatblowers. The City of Palo
Alto has done extensive work on this issue and in cooperation with residents and business owners,
Palo Alto has developed standards that have worked well in that city. This ordinance is modeled
after the Palo Alto standards.
Section 2. Anew section 10.04.005 is added as follows:
10.04.005 Definitions.
For the purposes of this chapter, the following terms are defined as follows:
(a) "Emergency" mean an essential activity necessary to restore, preserve, protect or save
lives or property from imminent danger of loss or harm or to restore essential services.
(b) "Holiday" means those days set fort
h in section 13.04.100 of this code.
(c) "Local ambient" means the lowest sound level repeating itself during afifteen-minute
period as measured with a precision sound level meter, using slow response and "A" weighting.
The minimum sound level shall be determined with the noise source at issue silent, and in the same
location as the measurement of the noise level of the source or sources at issue. If a significant
portion of the local ambient is produced by one or more individual identifiable sources which
would otherwise be operating continuously during the fifteen -minute measurement period and
contributing significantly to the ambient sound level, determination of the local ambient shall be
accomplished with these separate identifiable noise sources silent.
(d) "Leaf blower" means any portable machine used to blow leaves, dirt
off sidewalks, driveways, lawns or other surfaces.
and other debris
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18'.
19
20
21
22
23
24
25
26
27
28
(e) "Noise level" means the maximum continuous sound level or repetitive peak sound
level, produced by a source or group of sources as measured with a precision sound level meter.
In order to measure a noise level, the controls ofthe precision sound level meter should be arranged
to the setting appropriate to the type of noise being measured.
(f) "Precision sound level meter" means a device for measuring sound level in decibel units
within the performance specificarions in the American National Standards Institute Standard S 1.4,
"Specification for Sound Level Meters."
(g) "Residential district" means a district that is zoned R-1, R-2, R-3, or R-4 pursuant to
title 25, but does not include a district that is zoned C-R.
(h) "Sound level," expressed in decibels (dB), means a logarithmic indication of the ratio
between the acoustic energy present at a given location and the lowest amount of acousric energy
audible to sensitive human ears and weighted by frequency to account for characteristics of human
hearing, as given in the American National Standards Institute Standard SLI, "Acoustic
Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the
A-level weighting scale, abbreviated dBA, measured as set forth in this section.
Section 3. Section 10.40.037 is amended to read as follows:
10.40.037 Powered equipment.
(a) No person shall operate any lawnmower, lawn edger, riding tractor or any other
mechanical or electrical machinery, equipment or device which creates aloud, raucous or impulsive
through Saturday, or 10 a.m. and 6 p.m. on Sundays an
sound, within
any residential district except between the hours of 8 a.m. and 7 p.m.
on Monday
d holidays.
(b) Sweeping of city parking lots or city streets an
d emergency work or repairs by public
agencies or utilities shall be exempt fr
om these regulations.
Section 4. Anew section 10.04.038 is added as follows:
10.04.038 Leaf blowers.
(a) On and after July 1, 2002, only leafblowers that produce a noise level ofsixty-five (65)
2
I dBA or less shall be allowed to be operated in residential districts in the city.
2 (b) On and after May 1, 2002, leaf blowers shall only be operated during the following
3 hours: 9 a.m. to 5 p.m., Monday through Saturday, and 12 noon to 4 p.m., on Sundays and holidays.
4 (c) In a residential district, no person shall operate any leaf blower which does not bear an
5 affixed manufacturer's label indicating the model number ofthe leafblower and designating a noise
6 level not in excess of sixty-five (65) dBA when measured from a distance of fifty (50) feet utilizing
7 American National Standard Institute methodology. Any leaf blower that bears such a
8 manufacturer's label shall be presumed to comply with any noise level limit of this chapter
9 provided that it is operated with all mufflers and full extension tubes supplied by the manufacturer
10 for that leaf blower. In a residential district, no person shall operate any leaf blower without
11 attachment of all mufflers and full extension tubes supplied by the manufacturer for that leaf
12 blower.
13
14 Section 5. Subsection 10.40.039(d) is deleted.
15
16 Section 6. This ordinance shall be published as required by law.
17
18 Mayor
19
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the
20
foregoing ordinance was introduced at a regular meeting of the City Council held on the 20th day
21
of February, 2002, and adopted thereafter at a regular meeting of the City Council held on the 4th
22
day of MARCH 2002, by the following vote:
23
AYES: COLNCILMEM 3ERS: BAYLOcx, COFFEY, GALLLCAN, JANNEY, O'MAHONY
24
NOES: COUNCILMEMBERS: NONE
25
ABSENT: COUNCILMEMBERS: NONE
26
27 Deputy City Clerk
C:\FILES\ORDINANC\lealblowers.edf wpd
28
3