CRT 2016 #38 · Communication to the City Council · Aug 1 2016

CHAPTER 8.16.081 LEAF BLOWERS ("LEAF BLOWER ORDINANCE") Statement of purpose. The City Council hereby finds that the reduction of noise and emissions of particulate matter resulting from the use of leaf blowers is a public purpose that protects the public health, welfare and environment of the City of Cambridge and its citizens. The City Council recognizes that a total ban on the use of such equipment would have a severe adverse impact on the ability of the City to effectively remove leaves, dust, dirt, grass clippings, cuttings and trimmings from trees, shrubs and other types of litter and debris from streets, sidewalks, cemeteries and large recreational facilities and other open spaces and to clean and maintain such facilities without relaxing restrictions on the use of such equipment for maintenance operations of such facilities. 8.16.081.1 UseRegulations. Theuseof leaf blowers shall be regulated as follows: 1. Definitions. a. Definition of leaf blower. Leaf blowers are defined as portable, handheld or back pack style power equipment that is powered by fuel or electricity and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing or redistributing leaves, dust, dirt, grass clippings, cuttings and trimmings from trees and shrubs or any other type of litter or debris. b. ,Definition of cqmmercialleafblower operator. Any entity or organization that employs two (2) or more employees that receives income, remuneration or compensation of any kind, whether as a fee, a charge, a salary, wages or otherwise, for operating a leaf blower, except that municipal operators and municipal contractors are excluded from this t 1-1 rrJ definition. 8.16.81.2 Limitations on Use. a. The use ofleafblowers is prohibited except between March 15 and June 15 and between September 15 and December 31 in any year. The provisions of this subsection 8.16.081.2.2(a) do not apply to the use of leaf blowers in accordance with the provisions ofthis Leaf Blower Ordinance rmd regulations promulgated hereunder by municipal operators and municipal contractors performing leaf blower operations in Mayor Thomas W. Danehy Park, Fresh Pond Reservation, Thomas P. O'Neil, Jr. Municipal Golf Course at Fresh Pond, Cambridge Municipal Cemetery, Old Burial Ground or performing emergency operations and clean-up associated with storms, hurricanes and the like or by operators performing leaf blower operations on one or more adjoining parcels of land in common ownership that together comprise a total of two (2) acres or more, so long as the owners of such land comply with the provisions of subs.ection 8.16.081.2.2( c). b. The use of leaf blowers is further prohibited on Sundays and legal holidays except Columbus Day and Veterans' Day and prohibited on other days except between the hours of8:00 a.m. and 5:00p.m. Mondays through Fridays and 9:00a.m. and 5:00 p.m. Saturdays, Columbus Day and Veterans' Day. Commercialleafblower operators may operate leaf blowers between the hours of 12:00 noon and 5:00p.m. only on Columbus Day and between the hours of 1:00 p.m. and 5:00p.m. only on Veterans' Day, consistent with the provisions of G.L. c. 136, §13 as it may be amended. The provisions ofthis subsection 8.16.081.2.2(b) do not apply to the use of leaf blowers in accordance with the provisions ofthis Leaf Blower Ordinance and regulations promulgated hereunder by municipal operators and municipal cqntractors performing leaf blower operations in Mayor Thomas W. Danehy Park, Fresh Pond Reservation, Thomas P. O'Neil, Jr. Municipal Golf Course at Fresh Pond, (8.16)9

Cambridge Municipal Cemetery, Old Burial Ground or performing emergency operations and clean-up associated with storms, hurricanes and the like or by operators performing leaf blower operations on one or more adjoining parcels of land in common ownership that together comprise a total of two (2) acres or more, so long as the owners of such land comply with the provisions of subsection 8.16.081.2.2(c). • c. Commercial leaf blower operators and owners of one or more adjoining parcels of land in common ownership that together comprise a total of two (2) acres or more seeking to operate leaf blowers on such land shall not be permitted to operate leaf blowers, but may be exempted from the prohibition of this subsection 8.16.081.2.2(c) if they submit an operations · plan to the City Manager or his or her designee for review and approval. At a minimum, the operations plan shall: address the owner's or operator's efforts to mitigate the impacts of noise and emissions upon citizens and the occupants and owners of nearby property, include an ihventory of all leaf blowing equipment owned and to be used by the owner or operator in its operations program, which shall comply with the noise and emission restrictions set forth in this Leaf Blower Ordinance and regulations promulgated hereunder, and include the owner's or operator's plan for educating users of its equipment on the proper use of equipment as well as the need to mitigate impacts upon others. The operations plan shall be reviewed by the City Manager or his or her designee, who shall ensure that it complies with the applicable provisions of this LeafBlower Ordinance and regulations promulgated hereunder, and shall impose any conditions that may be required in order for the owner or operator to comply with the provisions of this Leaf Blower Ordinance and regulations promulgated hereunder. No operations plan submitted by owners of one or more adjoining parcels of land in common ownership that together comprise a total of two (2) acres or more seeking to operate leaf blowers on such land shall be approved by the City Manager unless there has been a showing of significant hardship. d. Leaf blower operations shall not cause leaves, dirt, dust, debris, grass clippings, cuttings or trimmings from trees or shrubs or any other type of litter or debris to be blown or deposited on any adjacent or other parcel ofland, lot, or public right-of- way/property other than the parcel, land, or lot upon which the leaf blower is being operated. Leaves, dirt, dust, debris, grass clippings, cuttings or trimmings from trees or shrubs or any other type of litter or debris shall not be blown, swept or raked onto or into an adjacent street or gutter, except by municipal employees or municipal contractors or leaf blower operators placing leaves, dust, dirt, grass clippings, cuttings and trimmings from trees and shrubs on a municipal street or sidewalk for collection and pick-up, during municipal street and sidewalk sweeping and cleaning operations. In no event shall leaves, dirt, dust, debris, grass clippings, cuttings or trinlinLngs from trees or shrubs or any other-type of litter or debris be blown, swept or raked onto or into catch basins or onto vehicles, persons or pets. Deposits of leaves, dirt, dust, debris, grass clippings, cuttings or trimmings from trees or shrubs or any other type of litter or debris shall be removed and disposed of in a sanitary manner which will prevent dispersement by wind, vandalism or similar means. e. All leaf blowers shall satisfy the emissions standards of the United States Environmental Protection Agency and noise level standards as follows: the sound emitted from any leaf blower shall be rated by the manufacturer to be no greater than 65 decibels. f. On parcels of 10,000 square feet or less, only one leaf blower at a time may be used, and on parcels larger than 10,000 square feet, only one 1eafblower may be used within each 10,000 square foot area. (8.16)10

8.16.081.3. Fees. A fee for the City to recover all costs connected with emission or sound testing and enforcement may be charged in an amount set by the License Commission and approved by the City Manager. 8.16.081.4 Regulations. The License Commission and the Commissioner of Public Works shall have the authority to promulgate regulations to implement the provisions of this Leaf Blower Ordinance. 8.16.081.5 Enforcement Officials. In addition to the Police Commissioner, the Commissioner of Inspectional Services Department and the Chairperson of the License Commission as provided in section 8.16.040 of this Chapter, the Commissioner of Public Works and his or her designee shall be authorized enforcement personnel charged with the enforcement of this section pursuant to the provisions of section 8.16.040 ofthis Chapter. 8.16.081.6. Severability. The provisions of this Chapter are severable. If any section, provision or portion of this Chapter is determined to be invalid by a court of competent jurisdiction, the remaining provisions of this Chapter shall continue to be valid. 8.16.081.7 Effective Date. The provisions of this LeafBlower Ordinance shall be effective commencing on March 1, 2008 except as to City of Cambridge contracts now in effect, as to which the provisions of this Leaf Blower Ordinance shall be effective commencing on September 15, 2008. . 8.16.090 Exceptions and variances. A. Emergency Exception. The provisions of this chapter shall not apply to (a) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (b) the emission of sound in the performance of emergency work. B. Special Variances. 1. The License Commission shall have the authority, consistent with this section, to grant special variances which may be requested pursuant to any section of this chapter. 2. Any person seeking a special variance pursuant to this section shall file an application with the License Commission. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special variance shall -be published according to procedure. Any individual who claims to be adversely affected by (8.16) ll

8.16.090 allowance of the special variance may file a statement with the License Commission containing any information to support his claim. If the License Commission finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to ·· grant or deny the application, the License Commission shall balance the hardship to the applicant and the community, of not granting the special variance, against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse. impacts of granting the special variance. The License Commission shall also consider whether the noise disturbance occurs in or across a buffer zone. Buffer zones shall be the imaginary line along the ground surface, its vertical extension, and the area at fifty feet on either side of the line, which. separates a residential area from a commercial area or an industrial area. Applicants for special variances and other persons contesting special variances may be required to submit any information the License Commission may . reasonably require. In granting · or denying an application, the License Commission shall place on public file a copy of the decision and the reasons for denying the special variance. 4. Special variances shall be granted by notice to the applicant containing all necessary conditions, ·including a time limit· on· the permitted activity. The special variance shall not .become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special variance was granted. 5. Application for extension of time limits specified in special variances or for modification of other substantia! conditions shall be treated like applications for initial special variances under subdivision (2). 6. The License Commission may issue guidelines · defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance. C Variances for Time to Comply. 1. Within sixty days following the effective date of the ordinance codified in this chapter, the owner of any commercial or industrial source of sound may apply to the License Commission for a variance in time to comply with Section 8.16.0801, vibration, or Section 8.16.060, measured n01se disturbance. 2. Any person seeking a variance in time to comply shall file an application with the License -C9mmission. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter prior to the date requested in the application would constitute an unreasonable hardship. on the applicant, on the community, or on other persons. Notice of an application for a variance in time to comply shall be published according to procedure. Any individual who claims to be adversely affected by allowance of the variance in time to comply may file a statement with the License Commission · containing any information to support his claim. If the License Commission finds that a sufficient controversy exists regarding an application, a public hearing may be held. 3. In determining whether to grant or deny the application, the License Commission shall balance the hardship to the applicant and the community, of not (8.16) 12

granting the variance in time to comply against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. The License Commission shall also consider whether the noise disturbance occurs in or across a buffer zone. Buffer zones shall be the imaginary line along the ground surface, its vertical extension and the area at fifty feet on either side of the line which separates a residential area from a commercial area or an industrial area. Applicants for variances in time to comply and persons contesting variances may be required to submit any information the License Commission may reasonably require. In granting or denying an application, the License Commission shall place on public file a copy of the decision and the reasons for denying or granting the variance in time to comply. 4. Variances in time to comply shalL be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The variance in time to comply shall not become effective until all conditions are agreed to by the applicant Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of .this chapter for which the variance was granted. 5. Application for extension of time limits specified in variances in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under subsection B of Section 8.16.090, except that the License Commission must find that the need for the extension or modification Clearly outweighs any adverse impacts of granting the extension or modifications. 6. The License Commission may issue guidelines defining the procedures to be followed in applying for a variance in time to comply and the criteria . 8.16.100 to be considered in deciding whether to grant a variance. D. Reconsideration. Any person aggrieved by a decision or action of the authorized enforcement officials may, within ten business days of said decision or action, request reconsideration of same by the official. (Ord. 1121 (part), 1991) 8.16.100 Miscellaneous. A. Severability. It is the intention of the City Council that each separate. provision of this chapter shall be deemed independentof all other provisions herein, and it is further the intention of the City Council that if any provision of this chapter be declared to be invalid, all other provisions thereof shall remain valid and enforceable. B. All ordinances or parts of ordinances inconsistent herewith are repealed. C. This chapter shall take effect thirty days after its adoption. (Ord. 1121 (part), 1991) (8.16) 13