DATE:
December 19, 2023
TO:
Paul Buddenhagen, City Manager
FROM:
Mohamed Alaoui, Public Works Manager
SUBJECT:
Ordinance Of The City Council Of The City Of Emeryville Adding Article 6, Chapter 15, "Restrictions On Gas-Powered Leaf Blower Use” To The City Of Emeryville Municipal Code; And Authorizing The City Manager To Take Actions Related To Implementation And Enforcement; CEQA Determination: Exempt Pursuant To Guidelines Sections 15378(a), 15308, And 15061(b)(3) Recommendation
Staff recommends that the City Council adopt an Ordinance adding Article 6, Chapter 15, “Restrictions on Gas-Powered Leaf Blower Use” to the City of Emeryville Municipal code. This ordinance addresses the negative environmental impacts of gas-powered leaf blowers and prohibits their use within Emeryville.
Background
The nuisance and pollution associated with gas-powered lawn equipment are concerns for many Emeryville residents. These devices have already been banned or restricted by more than 55 California municipalities, including both Berkeley and Oakland. While the State of California has enacted a prohibition on the sale of small off-road engines including gas-powered leaf blowers (Health & Safety Code Section 43018.11), beginning on January 1, 2024, regulation of their use can still only by done at the municipal level.
On September 18, 2023, the Sustainability Committee recommended that staff bring an ordinance for City Council consideration that would ban the use of gas-powered leaf blowers within the City.
On December 19, 2023, the City Council waived the first reading and introduced the ordinance.
Discussion
Gas-powered leaf blowers are among the highest-polluting gas-powered devices, posing potential hazards to workers and others. Their engines emit high levels of liquid and solid particulate matter (PM), ozone, carbon monoxide (CO), nitrogen oxides (NOx), ozone (O3), and hydrocarbons (HC). A single gas-powered leaf blower produces 23 times the carbon monoxide and 299 times the hydrocarbons emitted by a pickup truck. In addition to air pollution, gas-powered leaf blowers emit noise pollution that impacts the quality of life at levels known to cause negative health effects. Many viable technologies exist to replace gas-powered leaf blowers, including electric leaf blowers, which are widely available, less polluting, quieter, and perform well.
The City’s Public Works crews have replaced their gas-powered blowers with electric models, and the City Council has approved a contract amendment to transition the City’s landscaping contractor to electric leaf blowers as well.
The proposed ordinance banning gas-powered leaf blowers would go into effect on July 1, 2024, after a grace period in which outreach and education would be done with potentially affected parties. Enforcement would be done in response to complaints and via administrative citation. Employees of a business cannot violate the ordinance, as it imposes penalties on a person or entity that contracted for the service or that directed an employee to use the equipment.
Fiscal Impact
There is no fiscal impact.
Staff Communication with the Public
Consideration of a gas-powered leaf blower ban was discussed at the Sustainability Committee meetings on July 17, 2023 and September 18, 2023.
Conclusion
Gas-powered leaf blowers create air pollution, potentially hazardous noise levels, and worker safety concerns. Electric leaf blowers are readily available and affordable and bans on gas-powered blowers are already in place in many Bay Area cities. The proposed ordinance will align Emeryville with its neighbors and reduce the harmful and unnecessary air and noise pollution from gas-powered leaf blowers. Staff therefore recommends that the City Council adopt the ordinance.
PREPARED BY: Nancy Humphrey, Environmental Programs Supervisor Talia Paulson, CivicSpark Fellow
Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Proposed Ordinance
20 Carbon Monoxide Hazards from Small Gasoline Powered Engines, https://www.cdc.gov/niosh/topics/co/ Too Loud! For Too Long! Loud noises damage hearing, https://www.cdc.gov/vitalsigns/pdf/2017-02- vitalsigns.pdf https://www.edmunds.com/about/press/leaf-blowers-emissions-dirtier-than-high-performance-pick-up-trucks-says-edmunds-insidelinecom.html Auditory and non-auditory effects of noise on health, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3988259 Gas Powered Leaf Blower Ban Ordinance
City Council Meeting | December 19, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM