ORDINANCE NO. 07-23
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING
CHAPTER 8.26 OF THE ORANGE
MUNICIPAL CODE RELATING TO LEAF
BLOWERS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
This Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378, because it involves administrative activities of the City that will not result in direct or indirect physical changes in the environment.
SECTION II:
Section 8.26.020 of the Orange Municipal Code, “Health and Safety – Leaf Blowers – Definitions,” is hereby revised to add the following:
“Leaf blower, certified” means a leaf blower with a noise level reading of 65 dB (a) or less measured at a distance of 50 feet by an independent laboratory per American National Standards Institute (ANSI) standard B175.2, as certified by the manufacturer, or an electric leaf blower with a noise level measured at 65 dBA or less at a distance of 50 feet, as certified by the manufacturer.
SECTION III:
Section 8.26.030 of the Orange Municipal Code, “Health and Safety – Leaf Blowers – Use Limitations,” is hereby revised to read as follows:
8.26.030 Use Limitations.
Both the operator of a leaf blower and the property owner of the property upon which the operations are conducted are jointly and severally subject to the use limitations in this section. The following operations are prohibited in all residential areas of the City:
A. Use of any leaf blower other than a certified leaf blower, as defined in this Chapter.
2 B. Leaf blower use in any residential area except between the hours of 8:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m., Saturdays, Sundays and Federal holidays.
C. Operation of more than one leaf blower at a time on any parcel of less than one half acre in area.
D. Leaf blower operation exceeding 15 minutes per hour on parcels one half acre or less in area, or 30 minutes per hour on parcels greater than one half acre in area.
E. Operating a leaf blower within 10 feet of any window, door, or mechanical air intake opening or duct on neighboring properties.
F. Operating a blower in such a manner as to blow dirt, dust, debris , leaves, grass clippings, tree and shrub trimmings or trash onto any adjacent property, including without limitations, public property, street or sidewalk. Any leaf blower debris deposits shall be collected and disposed of in a sanitary manner on the same day it was deposited.
G. Operation of a leaf blower which produces more than 65 decibels dB(a) measured at a horizontal distance of 50 feet. Leaf blowers shall be accompanied by proof of maximum dB(a) rating, either by a label affixed to the blower by the manufacturer or documentation of the manufacturer’s rating showing the model number of the blower and its maximum dB(a).
SECTION IV:
Section 8.26.040 of the Orange Municipal Code, “Health and Safety – Leaf Blowers – Violation,” is hereby revised to read as follows:
8.26.040 Violation.
Any violation of this chapter is considered an infraction and/or an administrative violation, punishable as prescribed by Section 1.08.010 and Chapter 1.10 of this code. Both the operator of a leaf blower and the property owner are subject to citation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such
SECTION V:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause an d phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
3 SECTION VI:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this day of , 2023.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2023 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange