A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-71, regarding an update on leaf blower enforcement and registration data

CAMBRIDGE LICENSE COMMISSION Telephone [phone removed]  Facsimile [phone removed]  TTY/TTD [phone removed] license@cambridgema.gov | www.cambridgema.gov/license 831 Massachusetts Avenue, First Floor, Cambridge, MA 02139 RESPONSE TO COUNCIL ORDER TO: Louis DePasquale, City Manager Lisa Peterson, Deputy City Manager CC: Owen O’Riordan, Commissioner, Department of Public Works Dr. Branville G. Bard, Jr., Police Commissioner FROM: Nicole Murati Ferrer, Esq., Chair of License Commission Andrea Boyer, Chief Licensing Investigator Tyler Bubenik, Assistant Licensing Investigator DATE: July 16, 2018 RE: Response to City Council Order O-2 dated June 25, 2018 – Leaf Blower Update In response to City Council Order O-2 dated June 25, 2018, we submit an overview of leaf blower enforcement and registration data for 2017 and 2018. As you are aware, enforcement of the Noise Control Ordinance, 8.16, is largely complaint driven. Notwithstanding, the last two and half years, the License Commission, with the assistance of the Public Works and Police Departments, have taken steps to proactively enforce the leaf blower portion of this Ordinance. We are committed to enforcing the Noise Ordinance and providing a system that is fair, equitable and inclusive for residents, visitors and users. For instance, we have increased the amount of education materials and outreach regarding leaf blowers. In December 2016, together with the Commissioner of Public Works, Rules and Regulations beyond what is required under the Ordinance, were created and adopted. Those Rules and Regulations were made immediately available in Spanish. This year, they are being made available in Portuguese. The Rules are sent to all permitted companies and/or users who do not need to be permitted but have been identified as leaf blower users. We do internal trainings for City staff on the provisions of the Ordinance and the Rules and Regulations. Newspaper notices highlighting the Ordinance’s provisions have been published and are available on our website. We send reminder emails of the “prohibited” seasons to permitted companies. When we see a “spike” of similar violations, we send emails to all companies to reeducate. The License Commission staff and investigators patrol the City to enforce the Ordinance and educate users. Both the License Commission and Department of Public Works maintain information on leaf blowers and proper usage on their websites. The License Commission staff also follows up on any call that the police responded to for a leaf blower complaint and for which a CAD/Police Report exists. This has allowed us to educate users regardless of whether they are or need to be permitted. It also allows us to bring in offenders for violation hearings. Finally, within the last year and half, Police Officers and the License Commission staff have been working closely together to ensure that the information provided on scene is accurate. The License Commission has created a streamlined application procedure for commercial leaf blower operators. Companies are tracked and a list of the addresses serviced by each company is kept. This allows us to identify the commercial leaf blower operator when a complaint comes in without that

Response to City Council Order O-2 (June 25, 2018) July 16, 2018 Page 2 of 4 information. In addition, the License Commission reaches out to each company after the end of the calendar year (and expiration of the permit) to have the company re-register and obtain a new permit. The License Commission staff work with the companies to ensure that the blowers used are in compliance with the Ordinance. When we receive a complaint that identifies a landscaping company that is not permitted, we immediately reach out to the company. If the complaint does not have information as to the company, and the address is not currently serviced by a permitted company, we reach out to the owner and/or management company of the property. The form of communication is usually a letter with details of the alleged infraction including the section(s) of the Ordinance allegedly being violated and a copy of the Ordinance. It also highlights that the Ordinance is enforced as to individual and commercial users. Finally, it provides information on how a commercial user must apply to become permitted. We have had success with this process and have been able to communicate effectively with companies and residents. The Board of License Commissioners holds hearings on alleged violations of the Ordinance. When violations have been found, the Board usually imposes civil fines of $300.00 per violation. However, there have been times when the penalty has been a warning or suspended fine, and other times, permits for operating leaf blowers have been revoked. The Board evaluates each complaint on a case-by-case basis. The Board takes these infractions seriously, and even when no fines have been issued, we see a marked improvement on the use of leaf blowers. To date, almost all fines have been collected. Any outstanding fines have been sent to the Law Department to file claims for affirmative recovery. The Board’s strict enforcement of this portion of the Ordinance has been a catalyst for companies to implement internal procedures and safeguards to ensure that their crews do not violate the Ordinance. For example, not loading leaf blowers in trucks coming into Cambridge during the “prohibited seasons,” loading only “compliant” blowers in the Cambridge trucks, having the crews wear shirts with information on the Ordinance, and having managerial oversight in “high activity” areas. The process of enforcing a violation can be lengthy. If the alleged violation is not observed by a License Commission Investigator, it requires a follow up from an Investigator/staff member. If a fine or other type of penalty is sought to be imposed, there needs to be a hearing before the Board of License Commissioners. This requires bringing in the alleged violator, witness(es) and Investigator. If a fine or other disciplinary measure is imposed, a Statement of Reasons needs to be provided. The License Commission staff is responsible for ensuring payment of any fine in a timely manner. The License Commission has already submitted to the Law Department all necessary information to assist in the process of creating “noise violation tickets.” If the Court approves the “tickets,” we hope to have faster resolutions to any reported complaint. Below are some overall leaf-blower related statistics for 2017 and 2018. The numbers for 2018 continue to change. Notwithstanding, this provides a good overview. Trends to note include the manner of reporting and most common type of violations.

Response to City Council Order O-2 (June 25, 2018) July 16, 2018 Page 3 of 4 Currently, we receive complaints from various sources: phone, email, See-Click-Fix, CAD/Police Reports, and in person. See-Click-Fix and email are the most common methods of reporting. The most common violation is the usage of leaf blowers during “prohibited dates.” The next most common infraction is using leaf blowers during prohibited times of the day. Since 2016, we have seen a marked decrease in the violation of operating multiple blowers within 10,000 square feet of each other. 2018 2017 (JAN 1 – JUL 9) (JAN 1 – DEC 31) REGISTERED (PERMITED) COMPANIES COMPLAINTS FILED NUMBER OF HEARINGS TO BE HELD/HELD * The 2018 number includes six hearings that have been scheduled but not held as of the date of this document. 59 47 7* 94 14 66

Response to City Council Order O-2 (June 25, 2018) July 16, 2018 Page 4 of 4 FINES COLLECTED We will continue to work in tandem with all other City Departments to monitor the usage of leaf blowers and do our best to bring all into compliance with the Noise Ordinance. Please let me know if any further information is needed. Thank you. CAD 13% Email 30% Phone 20% See Click Fix 37% 2018 REPORTING METHODS $300 $8,200