HomeMy WebLinkAboutLeafblower Ordinance - RLS 07-947 - HBMC Section 8.40.095CITE' OF HUNTINGTON BEACH
Inter -Department Communication
CONFIDENTIAL ATTORNEY -CLIENT PRIVILEGED MATERIAL
TO: HON. MAYOR COOK AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER McGRATH, City Attorney
DATE: April 23, 2008
SUBJEC Leafb of wer Ordinance (RLS 07-947)_`~
At the November 20, 2006 meeting, the City Council requested staff to bring forward an ordinance
that restricts the use of leafblowers in the City. Staff has researched the issue and determined that
HBMC Section 8.40.095 (copy attached) currently provides numerous restrictions on the use of
leafblowers in the City. The use of leafblowers is currently restricted as to time of day, duration,
location, number, and noise.
Please review the attached code section and contact me at your earliest convenience if you believe
the current restrictions do not adequately address the needs of the community, or if you desire to
implement further regulations on the use of leafblowers.
Please contact me if you have any further questions.
n /�c
JENNIFER McGRATH
City Attorney
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Attachment as above
c: Paul Emery, Interim City Administrator
Joan Flynn, City Clerk
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8.40.095 Leaf blowers. (3131-4/92)
(a) Definitions. As used in this section, the following terms shall have meanings as set forth
below: (3131-4/92)
(1) "Leaf blower" means any machine, however powered, used to blow leaves, dirt and
other debris off sidewalks, driveways, lawns and other surfaces. (3131-4/92)
(2) '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. (3131-4/92)
(b) Unlawful to propel debris beyond parcel boundM. 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 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 (30) minutes. (3131-4/92)
(c) Special prohibitions. It shall be unlawful for any person to operate a leaf blower within a
residential zone or within one hundred feet of a residential zone of the City of
Huntington Beach, except under the following conditions: (3131-4/92)
(1) 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. (3131-4/92)
(2) 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; (3131-4/92)
(3) Duration of use restriction. Leaf blowers shall not be operated for more than fifteen
(15) minutes per hour, per day, on parcels less than one-half acre and no more than
thirty (30) minutes per hour on parcels greater than one-half acre up to one acre.
Leaf blowers shall not be operated for more than two (2) hours on parcels of one acre
or more. (3131-4/92)
(4) Number restriction. No person shall operate more 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. (3131-4/92)
(5) The maximum decibel level of 70 dba as measured ten (10) feet from the leaf blower
shall not be exceeded. (3131-4/92)
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