HomeMy WebLinkAboutOrd 2023
1
ORDINANCE NO. 2023
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER
10.40.038 OF TITLE 10 OF THE BURLINGAME MUNICIPAL CODE REGARDING
PROHIBITION OF THE OPERATION OF COMBUSTION ENGINE POWERED
LEAF BLOWERS (CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTIONS 15378, 15061(b)(3))
WHEREAS, combustion engine powered leaf blowers emit high levels of noise and
air pollution and contribute heavily to local and regional air pollution; and
WHEREAS, the California Air Resources Board estimates that one hour of
combustion engine leaf blower use is equivalent to driving 1,100 miles and that emissions
from small off-road engines, like leaf blowers, surpass emissions from passenger cars in
California; and
WHEREAS, the state of California passed AB 1346, banning the sale of gas-
powered leaf blowers and string trimmers starting January 1, 2024 as part of the State’s
directive to implement strategies to achieve 100 percent zero emissions from off-road
equipment in California by 2035 to reduce greenhouse gas (GHG) emissions and air
pollution; and
WHEREAS, in 2019, pursuant to Resolution No. 110-2019, the City of Burlingame
adopted a Climate Action Plan (CAP) that contains measures to curb the use of fossil fuels,
a primary contributor to GHG emissions, in buildings and transportation; and
WHEREAS, adoption of these local amendments is consistent with the goals of
reducing greenhouse gas emissions as identified in the City’s CAP and by the State; and
WHEREAS, the City Council discussed the prohibition of combustion engine leaf
blowers at a Study Session on June 5, 2023, and as a Discussion Item October 16, 2023,
on and as a result, directed staff to amend the City’s existing leaf blower ordinance to
prohibit the use of combustion engine leaf blowers starting July 1, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby incorporated
herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the public
interest.
Section 3. Chapter 10.40.038 of the Burlingame Municipal Code is amended as follows.
Additions are reflected by underlined text and deletions with strike out text. Provisions that are not
edited remain unchanged.
Chapter 10.40 Radio Interference, Loudspeakers, Etc.
DocuSign Envelope ID: 821337A0-8D7E-4A57-B4CE-F0690B0B2C01
2
10.40.038 Leaf Blowers
(a) On and after July 1, 2024, combustion engine powered leaf blowers are prohibited from
operation within the city of Burlingame, and all leaf blowers shall be electric powered. shall display
a label which certifies that it operates at a noise level of sixty-five (65) dBA or less. Any leaf blower
which bears such a certification label shall be presumed to comply with any noise level limit of this
chapter provided that it is operated with all the mufflers and full extension tubes supplied by the
manufacturer for that leaf blower. It is unlawful to operate a leaf blower within the city which does
not bear such a label or which exceeds the 65 dBA level.
(b) On and after July 1, 2012, electric powered leaf blowers operated within the city of
Burlingame shall only be operated during the times, on the days and in the areas as follows:
(1) Area A. Peninsula and Barroilet Drives north to Sanchez and Toyon Drives. Permitted only
on Tuesday from 8:00 a.m. to 5:00 6:00 p.m.
(2) Area B. Sanchez and Toyon Drives north to Adeline and Cambridge Avenues. Permitted
only on Friday from 8:00 a.m. to 5:00 6:00 p.m.
(3) Area C. Adeline and Cambridge Avenues north to Burlingame city limits. Permitted only on
Thursday from 8:00 a.m. to 5:00 6:00 p.m.
A diagram displaying these times, days and locations is attached to the ordinance codified this
section.
It is unlawful to operate a leaf blower during a time, on a day or in an area which is not in
conformance with this subsection.
(c) Exemptions and Exceptions. The restrictions of subsection (b) shall not apply in the
following circumstances:
(1) Personnel operating electric powered leaf blowers to maintaining nonresidential properties
east of the Cal-Train tracks and north of Toyon Drive and all properties east of Highway 101
between the hours of 8:00 a.m. and 5:00 6:00 p.m. every day except Sunday
(2) Residents operating electric powered leaf blowers that produce a noise level of sixty-five
(65) dBA or less between the hours of 9:00 a.m. and 2:00 p.m. on Saturday and 10:00 a.m. and
2:00 p.m. on Sunday.
(3) Use of electric powered leaf blowers that produce a noise level of sixty-five (65) dBA or
less will be allowed to operate between the hours of 8:00 a.m. and 5:00 6:00 p.m. on Tuesday and
Friday in the following areas:
(A) Parcels zoned R-3 and R-4 located in Areas A and B as described in subsection (b)
above;
(B) Publicly owned parks and landscaped areas as well as public and private schools, under
four (4) acres in size.
DocuSign Envelope ID: 821337A0-8D7E-4A57-B4CE-F0690B0B2C01
3
(4) When a designated day for a particular area to use electric powered leaf blowers occurs
on a holiday, that area shall be allowed to use electric powered leaf blowers on the next
designated weekday for the use of leaf blowers. For example:
(A) If the holiday were to fall on a Tuesday, Area A would not be allowed to blow on Tuesday
of that week but would be allowed to blow on Thursday of that week.
(B) If the holiday were to fall on a Friday, Area B would not be allowed to blow on Friday of
that week but would be allowed to blow on Tuesday of the following week.
(C) If the holiday were to fall on a Thursday, Area C would not be allowed to blow on Thursday
of that week but would be allowed to blow on Friday of that week.
which does not bear an affixed manufacturer’s label indicating the model number of the leaf
blower and designating a noise level not in excess of sixty-five (65) dBA when measured from a
distance of fifty (50) feet utilizing American National Standard Institute Methodology.
(ed) Notwithstanding other provisions in this section and in addition to the hours of operation
permitted in this chapter, authorized city employees may operate electric powered leaf blowers as
part of their tree trimming or removal activities between the hours of 8:00 a.m. and 5:00 6:00 p.m.,
Monday through Friday, 9:00 a.m. and 2:00 p.m. on Saturday and holidays, and 10:00 a.m. and
2:00 p.m. on Sunday., provided the leaf blower complies with the noise levels established by
subsection (d) above.
(fe) Notwithstanding other provisions in this section, electric powered leaf blowers may be
operated on properties greater than four (4) acres in size between the hours of 8:00 a.m. and 5:00
6:00 p.m., Monday through Friday, 9:00 a.m. and 2:00 p.m. on Saturday and holidays, and 10:00
a.m. and 2:00 p.m. on Sunday., provided the leaf blower complies with the noise levels established
by subsection (d) above.
(gf) Persons operating electric powered leaf blowers are encouraged to ensure that leaves,
dirt and other debris are not blown onto adjoining private or public properties. All leaves, dirt and
other debris gathered by the leaf blower should be deposited in appropriate recycling containers.
(hg) Emergencies. During a period of emergency as determined by the city manager, the
enforcement of this section may temporarily be suspended.
(ih) Penalty. Any person, including a property owner, who violates any provision of this
section shall be guilty of an infraction and shall be punished by subject to a fine in the amount of
fifty dollars ($50.00). (Ord. 1871 § 3, (2012))
Section 4. The City Council finds and determines this Ordinance is exempt from CEQA,
in that this Ordinance is not a “Project” as provided in state CEQA Guidelines Section 15389.
Furthermore, the City Council finds and determines this Ordinance is exempt from CEQA pursuant
to state CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no
possibility of a significant effect on the environment.
Section 5. If any section, subsection, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion or sections of
DocuSign Envelope ID: 821337A0-8D7E-4A57-B4CE-F0690B0B2C01
4
the Ordinance. The City Council of the City of Burlingame hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
be declared unconstitutional.
Section 6. This Ordinance shall go into effect 30 days following its adoption. The City Clerk
is directed to publish this ordinance in a manner required by law.
Section 7. Section 3 of this Ordinance shall be codified in the Burlingame Municipal Code.
Sections 1, 2, 4, 5, 6, and 7 shall not be so codified.
___________________________________
Emily Beach, Vice Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 5th day of
February, 2024 and adopted thereafter at a regular meeting of the City Council held on the 20th
day of February by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, ORTIZ, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: COLSON
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
DocuSign Envelope ID: 821337A0-8D7E-4A57-B4CE-F0690B0B2C01
for Mayor Colson