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HomeMy WebLinkAboutOrdinance #3131 ORDINANCE NO. 3131 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8 .40 TO INCLUDE REFERENCES TO LEAF BLOWERS. II The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Section 8 .40 . 090 is hereby amended, adding subsection "i" , said subsection to read as follows : (i) Leaf blower shall be governed by section 8 .40 . 095 . SECTION 2 . Former subsection (i) of Section 8 .40 . 090 is amended to be subsection SECTION 3 . Section 8 .40 .095 is hereby added to Chapter 8 .40, said section to read as follows : 8 .40 . 095 A. Definitions . As used in this section, the following terms shall have meanings as set forth below: (a) "Leaf blower" means any machine, however powered, used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces . (b) "Parcel" means an area of real property with a separate or distinct number or other designation shown on a plat recorded in the office of the County Recorder . Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section. . B. Unlawful to Propel Debris Beyond Parcel Boundary. it shall be unlawful for any person to use or operate any leaf blower in such a manner as to blow, dispel or make airborne, dust, leaves, grass cuttings, paper, trash or any other type of unattached debris or material, beyond the parcel boundaries of the parcel being cleaned, unless the consent of the adjoining owner or person in possession is obtained. It shall be unlawful is for any person to use or operate any leaf blower within the city in such a way as to blow leaves, dirt and other debris onto the public rights-of-way or private property and to allow such debris to remain there in excess of thirty minutes . C. Special Prohibitions . It shall be unlawful for any person to operate a leaf blower within a residential zone or I within one hundred feet of a residential zone of the City of Is Huntington Beach, except under the following conditions : i (a) Time Restriction. Noise sources associated with the maintenance of real property provided said activities take place between the hours of 8 : 00 A.M. and 8 : 00 P.M. on any day except Sunday or between the hours of 9 : 00 A.M. and 6 : 00 P.M. on Sunday or a federal holiday. r (b) Distance Restriction. 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; (c) Duration of Use Restriction. Leaf blowers shall not be oprated for more than fifteen (15) minutes per hour, per day, on parcels less than one half acre and no more than than n thirty30 minutes per hour on parcels greatert a one ( ) P P half acre up to one acre. Leaf blowers shall not be operated for more than two (2) hours on parcels of one acre 2 3131 I: Fla e or more. (d) Number Restriction. No person shall operate more s than one (1) leaf blower per parcel on one-half acre, no more than two (2) leaf blowers on parcels greater than one-half acre and no more than three (3) leaf blowers on parcels greater than one acre or more. (e) The maximum decibel level of 70 dba as measured 10 feet from the leaf blower shall not be exceeded. SECTION 4 . All other provisions of Chapter 8 .40 shall remain in effect and are incorporated herein by this reference. SECTION 5 . This ordinance shall take effect 30 days after its passage. I PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of March 199 2 Mayor ATTEST..k APPROV D AS T FORM: s City Clerk City Attorney REVIEWED APPROVED: �ITIATED A APPRO ED: Ciq Administrator Director of Public Works is 3 3131 i Ord. No. 3131 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting therof held on the 18th day of February, 19 92 and was again read to said City Council at a regular meeting therof held on the 2nd day of March 19 92 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Moulton-Patterson, Winchell,..Silva, Green NOES: Councilmembers: MacAllister. Kelly ABSENT: Councilmembers: Robi.tail le ji i, Connie Brockway CITY CLERK of the City of 'L Huntingtor►Bea:h and�x-of,icio Clerk of tine City Council,do hef,,cy ce:=;`y that a synopsis of th:s City Clerk and ex-off i c o Clerk ordinance has been pui3iisfted in ti3e Daily Pilot onnof the City Council of the City i9 - of Huntington .Beach, California in aecordance with the City charter of said City. Connie Bro t;w��' City Clerk. epr City Clerk