HomeMy WebLinkAboutOrd 1871ORDINANCE NO. 1871-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
REPEALING SECTION 10.40.038 OF THE BURLINGAME MUNICIPAL CODE
AND ADDING A NEW SECTION 10.48.038 TO THE BURLINGAME MUNICIPAL
CODE, TO REGULATE THE USE OF LEAF BLOWERS WITHIN THE CITY OF
BURLINGAME
The City Council of the City of Burlingame fmds as follows:
Section 1. Factual background
As the result of several study sessions and City Council hearings over the past year, the City
Council has determined that there exists strong evidence that the use of gasoline engine powered
leaf blowers has potential significant adverse impacts upon the general health safety and welfare.
Specifically, the evidence shows that leaf blowers release significant amounts of carbon
emissions into the City of Burlingame's air each year. As a result, the prolific use of this type of
equipment has the potential to create significant clean -air and health impacts for the community.
In addition to these potential impacts, the use of leaf blowers disturbs ground -borne particulate
matter which, when airborne, can be ingested by the general public, potentially affecting long-
term health. Finally, the use of leaf blowers in the community negatively impacts the quality of
life enjoyed by residents of the community through the creation of excessive noise during times
when residents are present within their homes. For these reasons, the City Council of the City of
Burlingame supports greater restrictions upon the times during which leaf blowers may be used
within the community.
NOW, THEREFORE, the City Council of the City of Burlingame does ordain as
follows:
Section 2. Repeal of Burlingame Municipal Code Section 10.40.038
Section 10.40.038 of the Burlingame Municipal Code, "Leaf Blowers", is hereby repealed.
Section 3. Addition of New Section 10.48.038 to the Burlingame Municipal Code
A new section 10.48.038,
entitled "Leaf Blowers", is hereby
added to the Burlingame
Municipal
Code, to read as follows:
10.40.038 Leaf Blowers
(a) On and after July 1, 2012, leaf blowers operated within the City of Burlingame 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
shall be
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, 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 Tuesdays from 8:00 a.m. to 5:00 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 p.m.
3. Area C - Adeline and Cambridge Avenues north to Burlingame City Limits.
Permitted only on Thursdays from 8:00 a.m. to 5:00 p.m.
A diagram displaying these times, days and locations is attached to this ordinance.
It shall be 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 subsecrion 10.48.038(b) shall not
apply in the following circumstances:
1. Personnel maintaining non-residential 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 p.m every day except Sunday.
2. Residents operating leaf blowers
that produce a
noise level of sixty-five
(65) dBA
or less between the hours of 9:00
am and 2:00 p.m.
on Saturdays and 10:00
use of leaf blowers.
a.m. and 2:00 p.m. on Sundays.
Use of 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 am and 5:00 p.m. on Tuesdays
and Fridays in the following areas:
i. parcels zoned R3 and R4 located in Area A&B as described in (b)
above;
ii. publicly owned parks and landscaped areas as well as public and
pri
vate schools, under four (4) acres in size.
4. When a
designated day for a
particular area to
use leaf blowers occurs on a holiday,
that area shall be allowed to use leaf blowers
on the next designated weekday
for the
use of leaf blowers.
For example:
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.
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.
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.
(d) Irr all areas of the City of Burlingame, no person shall operate any leaf blower 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.
(e) Notwithstanding other provisions in this section and in addition to the hours of
operation permitted in this chapter, authorized city employees may operate leaf
blowers as part of their tree trimming or removal activities between the hours of
8:00 a.m. and 5:00 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.
(f) Notwithstanding other provisions in this section, leaf blowers maybe operated on
properties greater than four (4) acres in size between the hours of 8:00 a.m. and 5:00
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.
(g) Persons operating 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.
(h) Emergencies. During a period of emergency as determined by the City Manager,
the enforcement of this section may temporarily be suspended.
(i) Penalty. Any
Section 4. This ordinan
person who violates any provision of this
section
shall be guilty of an
infraction and
shall be punished by a fine in the amount
of
$50.00.
ce shall be published as required by law.
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 5`t' day
of March, 2012, and adopted thereafter at a regular meeting of the City Council held on the 19th
day of March, 2012, by the following vote:
AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councihnembers: NONE
ABSENT: Councilmembers: NONE
( `i �- �, f
Mary lien Kearney, City C erk
0