The Municipal Code of the City of Cambridge be amended in Chapter, Leaf Blowers. PASSED TO A SECOND READING IN COUNCIL …

8.16.081.1 - Statement of purpose. The Cambridge City Council hereby finds that the reduction of noise pollution; air pollution; harm to wildlife, soil, and plants; and general negative public health outcomes from the combustion of petroleum- based fuels provide the basis for the public purposes of this Leaf Blowers Chapter.

Whereas the use of gas-powered leaf blowers contributes to the aforementioned pollutions, harms, and negative public health outcomes, it is declared to be the policy of the City of Cambridge (“City”) to prohibit unnecessary, excessive, and damaging noise, airborne dust, and harmful fumes caused by the use of gas-powered leaf blowers to protect human health and reduce emissions, pursuant to the City's stated goals and objectives to protect health and reduce emissions pollution.

Further it is expected that the City shall send out information notifying the public and commercial landscapers about the health and safety effects of gas- powered leaf blowers and inform them about this Chapter. 8.16.081.2 - Definitions. 1.

Definition of “leaf blower.” A leaf blower is defined as a portable handheld or backpack style power tool that is powered by petroleum-based 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.

Excluded from this definition are wheeled walk-behind four-stroke leaf blowers, as defined at subsection 8.16.81.2(3), and any leaf blowing devices attached to a tractor and/or mower. 2.

Definition of “gas-powered leaf blower.” Any portable handheld or backpack style power leaf blower that is powered by a petroleum-based engine 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.

Excluded from this definition are wheeled walk-behind four-stroke leaf blowers, as defined at subsection 8.16.81.2(3), and any leaf blowing devices attached to a tractor and/or mower. 3.

Definition of “wheeled walk-behind four-stroke leaf blower.” Any walk-behind wheeled leaf blower that is powered by a petroleum-based four-stroke engine 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.

Excluded from this definition are any leaf blowing devices attached to a tractor and/or mower. 4. Definition of “commercial leaf blower operator.” Any entity, organization, or multi-parcel owner, as defined in this Chapter, that employs two (2) or more persons that receive income, remuneration, or compensation of any kind, whether as a fee, a charge, a salary, wages, or otherwise, for operating a leaf blower. Municipal operators and municipal contractors are excluded from this definition. 5.

Definition of “owners.” Persons or entities possessing one or more adjoining parcels of land in common ownership that together comprise a total of less than two (2) acres. 6. Definition of “multi-parcel owners.” Persons or entities possessing one or more adjoining parcels of land in common ownership that together comprise a total of two (2) acres or more.

8.16.081.3 - Use Regulations.

The use of leaf blowers shall be regulated as follows:

1. The use of leaf blowers is at all times prohibited except between March 15 and June 15 and between September 15 and December 31 of each calendar year.

2. The use of leaf blowers is further prohibited on Sundays and legal holidays except, as described further below, Indigenous Peoples' Day and Veterans' Day.

3. For the purposes of this Chapter, “legal holidays” shall mean the actual day on which the holiday occurs and not the day it may be observed in each calendar year.

4. On days leaf blowers may be used such use by all users is limited to: (a) Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., (b) on Saturdays, between the hours of 9:00 a.m. and 5:00 p.m., and (c) consistent with the provisions of G.L. c. 136, §13, as it may be amended, on Indigenous Peoples' Day leaf blowers may be operated between the hours of 12:00 p.m. and 5:00 p.m., and on Veterans' Day leaf blowers may be operated between the hours of 1:00 p.m. and 5:00 p.m. Leaf blowers cannot be operated on Sundays or any legal holiday other than Indigenous Peoples' Day and Veterans' Day.

5. The provisions of subsections 8.16.081.3(1) through 8.16.081.3(3) do not apply to the use of leaf blowers by City employees and City contractors performing leaf blower operations in Cambridge Municipal Cemetery, Mayor Thomas W. Danehy Park, Fresh Pond Reservation, Thomas P. O'Neil, Jr. Municipal Golf Course at Fresh Pond, or performing emergency operations and clean- up associated with storms, hurricanes, and/or other natural disasters, or by operators performing leaf blower operations on behalf of multi-parcel owners, so long as the multi-parcel owners of such land comply with the provisions of subsection 8.16.081.3(7).

6. Commercial leaf blower operators must obtain an annual permit to operate leaf blowers (“Permit”). The Licensing Commission shall be responsible for the issuance and revocation of any Permit.

7. Multi-parcel owners seeking to operate leaf blowers shall not be permitted to operate leaf blowers unless they submit an operations plan to the City Manager or his or her designee, for review and approval (“Operations Plan”). At a minimum, the operations plan shall:

i. Address the multi-parcel owner’s efforts to mitigate the impacts of noise and emissions upon owners, occupants, and/or users of nearby property, ii. Include an inventory of all leaf blowers owned and to be used in any operations program, which program shall comply with the noise and emission restrictions set forth in this ordinance, and regulations promulgated hereunder, and iii. Include the multi-parcel owner’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 Chapter, and regulations promulgated hereunder, and shall impose any conditions that may be required in order for the multi-parcel owner to comply with the provisions of this Chapter, and regulations promulgated hereunder. No operations plan submitted by a multi-parcel owner shall be approved by the City Manager unless there has been a showing of significant hardship.