HomeMy WebLinkAboutOrdinance 351 - Amending Article 7-30 Leaf BlowersORDINANCE NO. 351
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
ARTICLE 7-30 OF THE CITY CODE CONCERNING NOISE FROM LEAF BLOWERS
The City Council of the City of Saratoga finds that.
1 Increased use of leaf blowers has increased noise pollution in the City. There are a number of
commercially available leaf blowers with relatively low noise levels In order to reduce noise
pollution in the City this ordinance requires, beginning October 1, 2019, that all leaf blowers used
in the City be certified as producing no more than 65 dBA at a distance of 50 feet and be used
only during specified days and times
2 The City Council of the City of Saratoga held a duly noticed public hearing on September 20,
2017, and after considering all testimony and written matenals provided in connection with that
heanng introduced this ordinance and waived the reading thereof
The City Council of the City of Saratoga does ordain as follows
Section 1. Adoption
The Saratoga City Code is hereby amended as set forth in Attachment A
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section,
sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaimng
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3)
CEQA applies only to projects which have the potential of causing a sigmficant effect on the
environment Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code, the amendments and additions would
have a de minimis impact on the environment
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga
within fifteen days after its adoption
Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of
the City Council of the City of Saratoga held on September 20, 2017 and was adopted by the following
vote on October 4, 2017
COUNCIL MEMBERS•
AYES. Mayor Emily Lo, Council Members E. Manny Cappello, Howard A. Miller,
Member Rishi Kumar
NOES.
ABSENT. Vice Mayor Mary -Lynne Bernald
ABSTAIN.
Cry 1 Bothelio, CITY CLERK
APPROVED AS TO FORM:
�J 1
Richard Taylor, CITY ATTORNEY
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE.
DATE:
14-1 t
Attachment A — Ordinance Amending Article 7-30 of the Saratoga City Code
The provisions of the Saratoga Municipal Code set forth below are amended or adopted as
follows.
Text added is shown in bold double -underlined text (example) and text to be deleted in shown in
strikethrough (elle) Text in italics is explanatory
1.
Amendments to Section 7-30.020 (Definitions)
Section 7-30 020 is amended to add the following definition following subsection (i)
j) Leaf blower means portable equipment that is used for the purpose of
blowing, dispersing, or redistributing dust, dirt, leaves, grass clippings, cuttings and
trimmings from trees, shrubs or other debris. Certified leaf blower means a leaf
blower with a noise level measured at sixty-five dBA or less at a distance of fifty feet
by an independent laboratory per American National Standards Institute (ANSI)
standard B175.2, as certified by the manufacturer. Beginning October 1, 2019 a leaf
blower is not considered a powered garden tool.
Existing subsections (i) through Co) are redesignated as subsections (k) through (&, respectively
2. Adoption of Section 7-30.051 (Leaf Blowers)
Section 7-30.05 I is adopted as follows
7-30.051 — Leaf Blowers
Beginning October 1, 2019, the use of any leaf blower other than a certified leaf
blower, as defined by this article, is prohibited.
3. Amendments to Section 7-30.060 (Exceptions for specific activities)
Section 7-30 060 is amended to add the following subsection following subsection (a)
(b) Beginning October 1, 2019 certified leaf blowers may be used or operated
Monday through Friday between 8:00 A.M. and 5:00 P.M., on Saturdays
between 10:00 A.M. and 5:00 P.M., and may not be used on Sundays,
Existing subsection (b) is redesignated as subsection (c) and amended as follows
(beg) Powered garden tools Powered garden tools shall not exceed seventy-eight dBA
at any point twenty-five feet or more from the source of noise Such tools may be
utilized during the following days and times:
(1)
Gasoline powered leaf blowers may be utilized between 8.00 A.M and
5.00 P M Monday through Friday and Saturdays between 10.00 A M. and
5.00 P.M Use of gasoline -powered leaf blowers shall not be allowed on
Sundays This subsection shall be of no further force and effect after
September 30, 2019.
(2) Gasoline powered chainsaws may be utilized between 8.00 A M and 5.00
P.M Monday through Friday and between 10 00 A M and 5.00 P M on
Saturdays and Sundays
Except as specified above, other Other powered garden tools (except
may be utilized between
the hours of 8-00 A.M and 9 00 P M any day of the week
(3)
Existing subsections (c) through (g) are redesignated as subsections (d) through (h),
respectively
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