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HomeMy WebLinkAbout03/19/1996, 5 - 1. ORDINANCE TO LIMIT DECIBEL LEVELS OF POWER BLOWERS 2. DISCUSSION OF POWER BLOWER EDUCATION PROGRAM ��Hno� 11 y City of San IwS OBISPO COUNCIL AGENDA REPORT S b FROM: Arnold Jonq, Community Develop t Director BY: Judith Lautne , Associate Planner SUBJECT: 1. Ordinance to limit decibel levels of power blowers 2. Discussion of power blower education program CAO RECOMMENDATION 1. Review the draft ordinance. 2. Determine if any changes are needed to existing regulations, and direct staff to revise the ordinance accordingly. Backgrpund On January 20, 1993, the City Council responded to complaints by a citizen (Alan Friedman) about problems associated with leafblowers. The Council directed staff to research the issue and return with information on these machines. On January 25, 1994, the Council held a public hearing to review a report on these machines. After taking public testimony and discussing the issue, the Council directed staff to work with the California Landscape Contractors' Association (CLCA) to 1) prepare amendments to City noise regulations to limit further the hours that power blowers may operate; and 2) develop an educational program to inform landscape workers of the proper ways to use these machines. On April 19, 1994, the Council held a public hearing to review amendments to the noise ordinance and to review a draft educational program. The Council passed to print an ordinance limiting the use of power blowers to between the hours of 8 a.m. and 6 p.m., and accepted the educational program. Because of concerns raised by the Public Works Director, the Council delayed final action on the noise ordinance change until July 19, 1994. At that time the changes were finally passed as initiated. In October 1994, the Council changed the regulations to allow blowers to be operated outside residential areas from 7 a.m. to 6 p.m., rather than from 8 a.m. to 6 p.m., and asked that staff return with an ordinance setting decibel limits for blowers, including a certification program to assure enforcement of the noise limits. A draft ordinance is attached and is the subject of this report. DISCUSSION 1: Education program. The Council asked that the power blower educational program be strengthened. An informal committee has met to discuss ways to reach the public and city of san L,.is osispo M Wo COUNCIL AGENDA REPORT Power blowers March 1996 Page 2 commercial gardeners, to distribute information about the City's current laws and the proper use of blowers. A "power blower information day" was held at Meadow Park last November, which included demonstrations of new, quieter blowers and information handouts. The day was poorly attended and may not have been advertised adequately. The Parks Division distributed stacks of leaflets in February to local businesses that sell blowers, describing the proposed ordinance and directing interested persons to call the Community Development Department for more information. The business owners agreed to keep the leaflets on their counters for pickup by customers. To date, we have received no response to these leaflets. The committee will continue to meet periodically to discuss other ways to provide information and education to citizens at a low cost to the City. 2. The ordinance is straightforward and can do the job. The City Council asked staff to return with an ordinance that would require that any power blower used inside the city have a maximum noise level of 70 dB (decibels), measured at a point fifty feet from the blower. To assure compliance with the law, the Council asked that a certification program be included in the ordinance. The draft ordinance was modelled after that of the city of Irvine, which has had a similar ordinance working effectively for a few years. Provisions of the ordinance include requirements that all blowers used inside the city: * meet a standard maximum decibel level. * be used by persons who have completed a short training program in appropriate use of the machinery. * be certified by the City or its representative to meet the maximum decibel level. Permanent stickers would be placed on those machines meeting the noise test. (Staff anticipates contracting with .a local private blower vendor to conduct testing and training sessions.) Residents using blowers only on their property of residence would be exempted from the education requirement but not the blower certification. In addition, the ordinance would create certain "performance standards": * Blower operators would not be allowed to blow debris onto public areas or adjacent property; * All blown material must be cleaned up within two hours of deposit; MY OF san MS OBISPO COUNCIL AGENDA REPORT Power blowers March 1996 Page 3 * Materials must not be blown into open doors, windows, or ducts. Finally, the sale of blowers that do not meet the City's noise standards would be outlawed after December 1, 1996. 3. The program can work but takes commitment. Staff found the program used by the City of Irvine to be the most effective of those surveyed. Irvine has a person on staff who measures blower noise and maintains the program. That city has developed several forms for use with the program, including a pamphlet explaining the law, a card for certification of an operator, a sticker to be placed on a blower, an application for blower testing, a warning of blower violations, and a form allowing admittance to and certifying attendance at operator training classes (samples available in the Community Development Department). The city of Irvine also conducts "sweeps" twice a year, during which employees make a conscious run through the city in an effort to catch operators operating blowers without proper certification or who may have modified their machines. The employee who runs the program says it is effective and has cut down the complaints, which used to average about 60 per year. Staff spoke with representatives of other cities that have decibel-level limitations for blowers. Those without certification programs described their laws as "jokes", saying they are virtually unenforceable, requiring the use of noise meters on site for each suspected violation. Power blower complaints take a back seat to other, more life-threatening calls. Cities with less-exhaustive certification programs than Irvine's have not experienced a significant decrease in complaints. On the other hand, very few cities have any such programs. The examples are few and thus the experience is limited. Nevertheless, it is reasonable to conclude that if a decibel limit is imposed on blowers, that an aggressive certification program needs to go along with it. 4. What would it take? It appears that a certification program could be implemented and could work. The certification and training would not be unduly expensive or time- consuming to individuals (approximately 20 minutes, cost of approximately $20 - $30 per person and blower). The local landscape contractors' association representatives have indicated that their members would cooperate by bringing in their machines and operators to the approved certification station. However, there are many individual homeowners who may be difficult to reach, and many landscape workers who do not have business tax certificates with the City. A special notification and enforcement effort will be needed to inform these users of the new law and S ���� �IVIIIIIBUI�j��Il CTW Of SM L%AI s OBI spO COUNCIL AGENDA REPORT Power blowers March 1996 Page 4 to gain compliance. At this time, staff does not know how many blowers are owned by residents or how many "blow-and-go" operations there are in this city. Obtaining compliance could require many person-hours on a continuing basis. 5. Is it worth it? This city receives few complaints about power blowers each year (typically under ten). Gardeners note that a typical residential job will involve from five to ten minutes of blowing, primarily to clean areas that are difficult to reach otherwise. In other cities, it is common to hear that power blowers can be heard all day long in some neighborhoods, primarily because the blowers are used to remove leaves and other materials from large expanses of lawn, uncommon in this city. These other cities indicate that the volume of complaints is much higher, and that they provided the incentive to adopt stringent ordinances. 6. Behavior seems to be the primary complaint. Most citizens with concerns about power blowers, who have spoken with planning staff, have pointed out that blower operators often blow debris onto adjacent property or even onto passersby, that they do not clean up the piles they create, but instead leave them in the street where they get blown again by the wind. Some have concerns with how blowing raises dust and creates an environment unfriendly to those with allergies. Few complaints deal strictly with noise. Therefore, because the number of complaints is low and the nature of the complaints has more to do with behavior than noise, staff is hesitant to recommend a program that involves so much "red tape", whether or not the costs of the program are underwritten by the blower users. We recommend that the Council not adopt the ordinance as written, but instead adopt those sections that have to do with behavior: the "performance standards", and retain limits on hours of operation. It may be appropriate to require all commercial operators to undergo training in proper use as well, or to institute regular voluntary training through the Parks Division. OTHER DEPARTMENT COMMENTS Public Works Department Parks Division representatives have worked with staff to develop the attached ordinance, to ensure that it will be workable for City maintenance crews. The Police Department has kept closer track of complaints, and has indicated a willingness to enforce the new regulations, but notes that power blower complaints are a lower priority than more urgent calls. ALTERNATIVES 1. The Council may pass to print the ordinance as written or with modifications. 2. The Council may direct staff to continue with educational efforts, and take no further action at this time. s- Power blowers March 1996 Page 5 3. The Council may continue action, with direction to staff. FISCAL IMPACT A certification program can be designed to be self-supporting, to have the fees pay for the program. Enforcement costs are more difficult to calculate and would depend on how much enforcement action is desired. If the Council wants to ensure that every blower used in the city is certified as meeting noise standards, then enforcement personnel would need to initiate an aggressive public relations program, plus followup actions, which could be costly. If a program is put in place but action taken only on a complaint basis, costs would be lower but it is likely that the program would not be effective. A program to certify only commercially-used blowers would involve less time but would still require a significant enforcement effort. Attached: Draft ordinance January 25, 1994 City Council report S-S� Noise Regulations Amendments 9.12.020 Definitions 3i 'power �iiower'► means any portable power equipent that' xs used' ItYie purpose ,of bl<owinq, disperssrig or redstr�but�,ng; dust,.; di •� lea�res, grass..o3�ppngs, utt3ngs and tmatings, ox+, ohr der ;s ; [remaining definitions will be re-lettered. ] 9.12.085 Power blower limits toase standard 111 gcwer' blowers shall be equipped sz ti�at they wfii emit no amore than 743 :;dB at 5t3 feet array, :;, neaed xn accornoe..raith At35� standards;:; B. Blower cert Ycdtx:on ;Each :power':blower sha:li be tsest-.e cl certified for use by the City o€ San Lu].s Obispo ar its; desi�nat�d representative tach parer bloomer sha31 bear; the_labei 'o requixed Y approval � a �risible< 3cseati�n nn.;the equapmett prior t� �xse .an�.,a ai t�mes_t�ur�n�_ .use ce''»sta' d'»,:;< ,:.::. >, arils.. 3,_ Power blower operators shall not, blow ar deposit dirt dust, .debrs, leaves, grass cli ppngs,,:, cuttings tar trimnzngs onto. apy a 93 C.M t parcel, public right of wa y, or any property rather than the property' upon; which the< power blower is: being r�perate3 �eprr�its of dart,:' dust. leaves, grass elippngsf ,�ebrisf cuttimg� rrr'� iinm�gs; shall be removed and <3i�posed of in a santa� �na�t�er i�hich wsll prevent dzsperse�aent byi windy: vandaissm or s�rlar 7aean Wthr� ';two �aurs of deuns�t by the user. ter .properly flecupant;> Y.... 2 Fowey _blowers shat... be operated so 'that na ater al is blown into any aperahle rsrdowf ::door,:; or eehaical ;;air intake Lucat; on ....... ......:..program.:,; 3 Each person rho operates a power `3lower is 'required tta complete at :least; one ': rain.ing sessiorit the oontent aid..time rhfali Ys to he approved by the city Admanastrative 4�fce r�r his desagneeprior to operat�o � of `a poyrer blower operators.; ho complete his tra �ng<;su,ccacertxcatas train2ng Every operator must oamplete t..... ain%ng at. least: once every tiro dears 2 Each power: blower operator must have ava3lJib 3e ertafcatan of training at ail': times durirtq equspment:use exd mu gxesent: such .cert fzcat on upon demand :' %.:.. ......i•...::.i:......:.i::ii: .i:.!%:i%'i:.:':.: \•iiiiiii:.i":i`i\.iS:!!:!:...i"!::. 3 lure to abide b the' rise rqu3rements: coated ; s code:csr. �ri':fi.he cerci€icati cri: trains ng.- i3 l b cause ft�r resroca % of tie cer ..3'€ ca'�son.. 4 Exe .... pton A resident who operates a single powerb. liaer himself or :herself solely on pr.sperty on Which;. he or she lice i he excepted from the education .rec}uemehts in this ............�sxa .......... .. . . . .. .......................................... fees A dee fpr the pity t©; recover alb costs conned �x�tY ...'. tainq, testg, cetifoatYon; and enforcement; sha3t be charged . . amount set 3�y Ct Csuncii reso]ut%on ': She ,and usa., of power blowers thatdo not ;meet,:; noise stadad 3:, The use ofuwer b3 owers which do ';:cot meet or exceed the nazse. stanriard iii s�ilssection A, abase;: shal;i be .prohlbltec� .in a1 ' .. areas of the city; under a11, c rcumstances, after ' eceml3er 3. I99 2; ............................................hal be'.. unlaw€u to seI ax: offer for ,,saL ,; or,�er o�rers which are not< manufactured to meet or -exceed the :,noise .. sta xdard �r�. sxibsectioz: A, anave t <:after; December 1, ................. 7 ORDINANCE NO. (1996 SERIES) AN ORDINANCE" OFTHE CITY OF SAN LUIS OBISPO AMENDING THE NOISE REGULATIONS TO SET NOISE LEVELS FOR POWER BLOWERS AND TO ADD A BLOWER CERTIFICATION PROGRAM AND PERFORMANCE STANDARDS WHEREAS, the City Council conducted a public hearing on March 19, 1996 and has considered testimony of other interested parties, and the evaluation and recommendation of staff; and WHEREAS, the City Council has determined that imposition of sound level limits on power blowers will have a beneficial effect on the noise environment of the city; WHEREAS, the City Council lands that the proposed provisions are consistent with the General Plan, the purposes of the Noise RC11 ulilt i()ns, and ()tiler applicable City ordinances; WHEREAS, the City Council has determined that the pr()pusal is Categorically Exempt from the California Environmental Quality Act (CEQA), because it is an action taken by a regulatory agency for the protection of the environment (Class 8, Section 15308 of CEQA), as recommended by staff; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project is Categorically Exempt from CEQA, because it is an action taken by the City Council for the protection of the environment. SECTION 2. Section 9. 12.020 is hereby amended to include the addition of the following definition, and the remaining definitions are hereby renumbered in sequence: X. "Power blower" means airy portable power equipment that is used for the purpose of blowing, dispersing, or redistributing dust, dirt, leaves, grass clippings, cuttinOs and trimmings, or other debris. SECTION 3. Section 9. 12.085 is hereby added as follows: 8 Ordinance no. (1996 Series) Noise Ordinance Amendment Page 2 A. Noise standard. All power blowers shall be equipped so that they will emit no more than 70 dB at 50 feet away, measured in accordance with ANSI standards. B. Blower certification. Each power blower shall be tested and certified for use by the City of San Luis Obispo or its designated representative. Each power blower shall bear the label of required approval in a visible location on the equipment prior to use and at all times during use. C. Performance standards. 1. Power blower operators shall not blow or deposit dirt, dust, debris, leaves, grass clippings, cuttings or trimmings onto any adjacent parcel, public right-of-way, or any property other than the property upon which the power blower is being operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings shall be removed and disposed of in a sanitary manner which will prevent dispersement by wind, vandalism or similar means within two hours of deposit by the user or property occupant. 2. Power blowers shall be operated so that no material is blown into any operable window, door, or mechanical air intake opening or duct. D. Education program: 1. Each person who operates a power blower is required to complete at least one training session, the content and time of which is to be approved by the City Administrative Officer or his designee, prior to operation of a power blower. Operators who complete this training successfully will receive certificates of training. Every operator must complete this training at least once every two years. 2. Each power blower operator must have available certification of training at all times during equipment use and must present such certification upon demand. 3. Failure to abide by the use requirements contained in this code or in the certification training will be cause for revocation of the certification. 4. Exception. A resident who operates a single power blower himself or herself solely on property on which he or she lives shall be excepted from the education requirements in this subsection. E. Fees. A fee for the City to recover all costs connected with training, testing, certification and enforcement shall be charged in an amount set by City Council resolution. S-9 Ordinance no. (1996 Series) Noise Ordinance Amendment Page 3 F. Sale and use of power blowers that do not meet noise standards. 1. The use of power blowers which do not meet or exceed the noise standard in subsection A, above, shall be prohibited in all areas of the city under all circumstances, after December 1, 1996. 2. It shall be unlawful to sell or offer for sale power blowers which are not manufactured to meet or exceed the noise standard in subsection A, above, after December 1, 1995. SECTION =4. A summary of this ordinance, together with tite Hynes 01' Council members voting for and against, shall be published at least live (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of 1996, on motion of seconded by and on the lullowing roll call vote: AYES: NOES: ABSENT: Jr/� Ordinance no. (1996 Series) Noise Ordinance Amendment Page 4 Mayor ATTEST: City Clerk APPROVED: 1 . -11,-, City Attorney s�� �u 11 city of Safi LUIS OBISpO COUNCIL AGENDA REPORT FROM: Arnold Jonas, Community Development Director BY: Judith Lautner, Associate Planner SUBJECT: Council Study Item: Leafblowers CAO RECOMMENDATION Review and file information on leafblowers and take no further action at this time. ReportAn-brief A citizen (Alan Friedman) has raised concerns with the use of leafblowers in this community. The Council directed staff to review the issue and report to the Council. Staff has obtained information from the League of California Cities, Echo Manufacturing, and Alan Friedman, has reviewed articles on leafblowers at the library, spoken to local dealers, landscape contractors, the Echo Public Relations representative, the Air Pollution Control District (APCD), and City enforcement and parks personnel. Essential information has been culled frons these resources and is summarized below. * Problems- Problems with leafblowers arise from the noise they make, the air pollution they create, and the tendency of some users to blow debris onto adjoining property, persons, or the street. * Solutions. Manufacturers have developed blowers with lower decibel levels, and noise can be reduced still further by operating the machine at a lower power level. The California Air Resources Board has developed standards to be met by two-cycle engines, which will eliminate much of the chemical pollution. Problems remain with particulate matter (local pollution) and littering. * Leafblower use regulations Some other communities have adopted laws 1) limiting hours of operation, 2) setting maximum machine decibel levels, 3) prohibiting littering of other property, or 4) banning blowers outright or in residential zones. * The local situation. Few complaints about blowers have been received by City parks, police, or planning staff. Thus, leafblowers are apparently not a large problem in San Luis Obispo. The primary users are commercial gardeners, who use them to blow debris off hard surfaces and out of small spaces, and who do not typically use them for long periods of time. According to observations by police and planning personnel, there is not a widespread use of leafblowers by San Luis Obispo's citizens. At this time, specific action to address leafblower problems does not appear to be warranted. Power blowers Page 2 DISCUSSION Background On January 20, 1993, the City Council responded to complaints by a citizen (Alan Friedman) about problems associated with leafblowers. The Council directed staff to research the issue and return with information on these machines. The project was delayed for several months because of more pressing assignments, a change in staff, and requests by Mr. Friedman, who wanted more time to prepare a presentation to the Council. EVALUATION 1. What are they anyway? Leafblowers were developed for the commercial landscaping business about twenty years ago. Initially, they were heavy and large, and had to be worn as "backpacks". Only within the last ten years have some become lightweight and inexpensive enough to be attractive for home use. Blowers use gasoline or electricity to blow debris from walkways, grass, game courts, and from rough surfaces, such as rocks. They are also used for cleaning rain gutters and other hard-to-reach places. They have come to replace brooms, hoses, and other hand-held equipment. During the recent drought, blower sales increased significantly, because many jurisdictions had outlawed hosing down driveways and walks. City crews have been using blowers since they first came on the market. Parks maintenance supervisors estimate that the City uses blowers for approximately ten hours each week, "to clear sand off walks near play areas, to clean curbs and walks after edging turf, to clean sports and tennis courts, and to blow leaves and debris into piles from hard surfaces." (See attached memorandum from Larry Tolson.) Levels of use by other governmental or commercial maintenance workers or by non-commercial users is unknown. 2. What is the problem? Mr. Friedman's letters focus on three issues: noise, air pollution, and operator behavior. Each of these concerns is discussed in the following paragraphs: How noisy are they? Sound is measured in decibels (dB), a logarithmic scale. This means that 70 dB is ten times as loud as 60 dB, and 80 dB is ten times as loud as 70 dB (and 100 times as loud as 60 dB). Normal conversation measures about 60 dB, a washing machine 75 dB, an alarm clock 80, a garbage truck 100, and a siren 140 dB. Leafblowers can reach noise levels of 105 dB (Depending upon nearness to the noise source, among other factors, harmful effects on human ears begin at levels of 80 to 85 dB). Recent improvements, however, have lowered noise levels of blowers so that some newer gas-powered models produce noise levels lower than 70 dB 50 feet from the source, 5=/3 Power blowers Page 3 equivalent to freeway traffic noise at about the same distance. Older models are still in use, of course, and some heavier-duty backpack models are louder. Gas-powered blowers are generally noisier than electric. Many electric-powered blowers measure only 60 dB. The American National Standards Institute (ANSI) has adopted standards for measuring decibel levels of power blowers, and recommends that decibel levels be listed on every machine, so consumers can make informed choices. Newer models made by the larger manufacturers tend to follow the ANSI recommendation. How much do they llute? The U.S. Environmental Protection Agency estimates that a gas-powered leafblower produces about twice as much pollution as an automobile, during the same amount of time. (Electric blowers do not contribute much in chemical pollution.) Two-stroke gasoline engines, such as those used in leafblowers and other hand-held machinery, release the equivalent of five percent of the hydrocarbons emitted by automobiles in this state each year, and four percent of the carbon monoxide. In addition to chemical pollutants, blowers also lift settled dust, allergens, and other fine particles into the air, where they create local particulate pollution. And how are they operated? Manufacturers, particularly Echo, make recommendations on the proper use of leafblowers, suggesting, among other things, that operators clean up debris that has been blown and that they keep an eye out for persons in the area, who might be subjected to unwanted gusts of debris. Unfortunately, some operators do not follow this advice. Therefore, citizens are sometimes subjected to the sound of blowers and other equipment early in the morning or late into the evening, debris often finds its way into the street and onto property adjacent to the site being cleaned, and at times passersby are hit by flurries of dust, leaves, and other material. 3. Other machinery also presents problems, so why single out power blowers? Hedge trimmers, lawn mowers, string trimmers, rototillers, and power vacuums are also noisy and polluting, in some cases more so than power blowers. Any regulations that restrict the decibel or pollutant levels or hours of operation of power blowers should be applied equally to other gardening equipment. It appears that the unique aspect of power blowers, that raises objections beyond concerns about other power equipment, is the "wind machine" aspect. To be effective, blowers develop wind speeds up to 300 miles per hour. These wind gusts raise dust and debris that are often consciously or unconsciously deposited on streets or on neighboring property, and in some cases on persons. The blower leaves the attended property clean but in many cases creates a greater mess beyond the property lines. Other equipment does not have this effect. 4. What laws already regulate equipment? The City has a noise ordinance. The ordinance specifically prohibits: Power blowers Page 4 9.12.050.B.10 Domestic Power Tools, Machinery. a. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between ten p.m. and seven a.m., so as to create a noise disturbance across a residential or commercial real property line. Further, the ordinance includes a chart of "exterior noise limits" (attached), that specifies the average decibel levels permitted within different zones during the day and during the night. As decibel levels increase, the time limits lessen. For example, in residential zones, noise levels are not permitted to exceed 55 dBA continuously, from 7 a.m. to 10 p.m.. If that maximum is exceeded by 5 dB, it may do so for no more than 15 minutes in an hour. If levels exceed 65 dB in those zones, they are permitted to do so for no more than five minutes in an hour. Levels of 70 dB are permitted for only one minute per hour. Noise levels of 75 dB or more are not permitted at any time. It appears that a gas-powered blower (at full power) would exceed these noise limits (in residential zones), and would therefore violate the noise ordinance, if operated for more than one minute in an hour. Noise level maximums are higher foi most commercial zones. Blowers at full power could operate in these zones for five to fifteen minutes in an hour without violating the ordinance. Blowers can be adjusted, however, to meet decibel limits. The City does not regulate air pollution. We rely on the Air Pollution Control District (APCD), to restrict pollution produced within the county, and on the California Air Resources Board (CARB) for statewide regulations. The APCD does not have any regulations on power blowers or similar equipment, and is not expected to adopt such regulations in the near future. The current focus of the APCD is on the larger sources of pollution (source: telephone conversation with Larry Allen, APCD, October 1993). The CARB has developed regulations, to be implemented in stages in 1994 and 1999, limiting pollution caused by "utility engines". Manufacturers expect to be able to meet the 1994 standards, but expect that meeting 1999 standards will be very difficult. To address blower noise, the City could either choose to step up enforcement of the noise regulations, or add a section to the regulations specifically restricting blowers to a certain decibel level. Staff is not recommending any changes to the regulations at this time (see discussion below - "How pressing a problem is it...?"). Air pollution is expected to be addressed adequately by the CARB regulations. 5. What are other agencies doing about these issues? Several organizations are involved in finding solutions to the above problems. ANSI developed standards for measuring noise levels of blowers, and recommends that decibel levels be listed on each model. The Portable Power Equipment Manufacturers Association proposes 70 dB, as measured by the ANSI standards, as a voluntary standard that blowers should be expected to meet. (In fact, most manufacturers already have met this standard or expect to meet it soon.) Manufacturers have developed voluntary "codes of conduct" for operators. The California Power blowers Page 5 Landscape Contractors Association conducts classes in the proper use of machinery. Some air quality districts have restricted or banned the use of gas-powered blowers. Several cities within California have either banned blowers or restricted their use. 6. Why not ban them? Mr. Friedman would like the City to ban leafblowers altogether. A few cities have done this. This seems a simple solution that would address all leafblower problems. Mr. Friedman and others point out that many jobs done by the power blower used to be done by brooms, and could be again. Those who do not use power blowers often tend to see them as superfluous, because there are other tools that can do the same job. The same can be said for any power gardening equipment. Mowers, hedge trimmers, power vacuums, string trimmers, and even chain saws have replaced non-power tools. This equipment allows operators to accomplish tasks they would not be able to do without help or that would take much longer. Given the current level of use (virtually every commercial gardener uses one and many residents do as well), a ban on power blowers would have an impact on the following: Enforcement personnel. Presumably the Police Department (PD) would be called upon to enforce the ban, especially given that blowers are most frequently operated outside normal business hours, when other code enforcement officers are not working. The noise ordinance also specifies that the PD respond to violations lasting less than 48 hours. Some other cities have found bans difficult to enforce. Calls on leafblowers would take a back seat to more pressing emergency calls, and by the time officers reached the offender the blowing may be completed and the machinery put away. The San Luis Obispo PD (conversation with Capt. Chelquist, SLOPD, Jan. 1994) notes that in San Luis Obispo, the great majority of blower-users are commercial gardeners. These users would soon become aware of a ban and eventually the primary offenders would be a few citizens. An educational effort, launched along with a ban, could reach most citizens. Time. The National Recreation and Park Association estimates that it takes five times as long to sweep walks by hand than by power blower (see memorandum from Larry Tolson, attached). If the same level of service is to be maintained on City property, the increased time would be the equivalent of one additional maintenance person. Commercial landscape businesses would be similarly affected, if they were to continue to deliver the same services. Citizens maintaining their own property would be spending more time to get the same results. Water. Some powerblower jobs cannot be accomplished with a broom, and were previously done with hoses. Water usage for these tasks would be expected to go up. Power blowers Page 6 Conclusion. Obviously, if power blowers were banned, life would go on. City parks and businesses may not be cleaned as often or as thoroughly. Other means may be found to accomplish the work without increasing cost, such as the use of volunteers (in the case of parks). Cities, such as Los Altos, which have banned blowers, have found enforcement costs to lower after a few years of issuing warnings and citations. Although a ban is possible to enforce and may have a beneficial effect, before enacting one the Council should make the determination that the blower problem is large enough to justify the costs. 7. How pressing a problem is it in San Luis Obispo? San Luis Obispo citizens are active and vocal. One way to gauge the extent of a problem is to evaluate the complaints received by City departments. The Police Department has received three complaints specifically about blower noise in the last four years. The City's Zoning Investigator.has received two complaints in the same period of time. The Parks Division has responded to a few complaints in its own operation of leafblowers by using electric blowers in areas near residences and adjusting hours of operation. It appears that complaints are more frequent in cities where there are large affluent neighborhoods with expansive lawn areas. In those areas, it is not uncommon for blowers to be heard all day long. San Luis Obispo's citizens tend to be more water-conscious, and as a result we do not see many large lawns. Blowers in this city are used primarily to blow leaves and debris off driveways, sidewalks, and other paved areas. One local gardening firm estimates that less than ten minutes are spent on blowing in any typical job. It appears that the greatest use of blowers is in the downtown, where leaves and trash are blown off sidewalks every morning. At this time, the leafblower issue does not appear to be a large one in the public's eye. 8. There are alternatives to power blower bans. An outright ban is the most extreme answer to the issues raised by power blowers. Other cities have * restricted hours of operation (for example, allowed operation only between 8 am and 6 pm weekdays and Saturday); * required that machines operate below a certain decibel level (blowers can be operated at less than full power, resulting in a corresponding lower noise level. The City of San Diego, for example, set a limit of 65 dB in residential or hospital zones.); * enacted laws prohibiting debris from being blown into the street or onto adjacent property; * prohibited or limited use of gas blowers, but not electric blowers; 7 Power blowers Page 7 * enacted bans only in residential zones. There are costs and advantages to each of these alternatives. If they are to be strictly enforced, each would create an impact on the Police Department or other enforcement persons. Having such laws on the books may result in a high rate of voluntary compliance, however. If the Council is interested in restricting the use of power blowers or other equipment, staff can return with further information on how effective such measures have been in other jurisdictions, and how effective they would be expected to be here. At this time, further legislative action does not appear warranted. Virtually all power equipment can be operated in a way that causes a problem for others. It may be more beneficial to consider educational programs to address blower problems, rather than punitive ordinances. 9. Background information is available. A packet of information is available for Council review, in the Council office. Copies of ordinances and staff reports from other cities, articles on leafblowers, letters, and press releases from Echo have been obtained from the League of California Cities, Mr. Friedman, and the public relations representative for Echo. ALTERNATIVES A. If the Council believes power blowers present a unique problem for the city that is not addressed by existing or proposed regulations, then it may direct staff to focus on obnoxious aspects of blower operation and return with draft regulations. B. If the Council believes the problems with blowers come less from the equipment itself than from how it is operated, the Council may wish to initiate an educational program, possibly with the assistance of landscape contractors' associations and retailers. Such a program can alert citizens and landscaping services of the adverse impacts blowers and other power equipment have on others, and suggest ways to eliminate conflicts. C. If the Council believes the present regulations are adequate to protect citizens from unnecessary noise and pollution, and existing problems with blowers are small in number, then it may find that additional regulation or education is unnecessary at this time. FISCAL IMPACT If power blowers are banned, City maintenance crews will have to 1) be increased by the equivalent of one person; or 2) allocate resources to those areas that are determined to be most important, and clean other areas less often. Enforcement costs may increase. Attached: Power blowers Page 8 Memorandum from Larry Tolson ANSI standards for testing sound levels Noise Regulations excerpts A sampling of various articles on blowers Available in Council office: Background information from Alan Friedman, Robin Pendergrast (representing Echo), and the League of California Cities: primarily copies of ordinances, staff reports, press releases, and articles.