AGENDA #9

 

MEMORANDUM

 

TO:                 Mayor and Town Council

 

FROM:           W. Calvin Horton, Town Manager

                        Ralph D. Karpinos, Town Attorney

 

SUBJECT:     Follow-up to Public Forum on Regulation of Use of Landscape Equipment

 

DATE:            February 28, 2005

 

 

The attached resolution would provide the Manager and Attorney with Council direction on the development of draft regulations for further consideration pertaining to the operation of small engine landscape equipment.  The resolution would also provide guidance to the Manager for preparation of appropriate budgetary adjustments to accommodate potential changes in the Town’s purchase and maintenance of landscaping equipment.

 

BACKGROUND

 

On September 27, 2004, the Council received and referred a petition proposing that the Town consider enactment of regulations banning the use of gasoline powered leaf blowers. 

 

On November 22, the Council discussed the report from the Manager and background reports from the Attorney and Public Works Director.  Following that discussion the Council adopted a resolution which:

 

1.      Stated the Council’s intent to not consider further possible prohibition on the use of gasoline powered leaf blowers within the Town limits;

2.      Called a public forum for January 24, 2005, to receive evidence related to the environmental impact of the use of leaf blowers as well as other similar garden and landscape equipment; and,

3.   Invited public comment on the possible enactment and implementation of regulations on the use of such equipment.

 

On January 24, the Town Council received public comment regarding possible additional regulation of landscape equipment and adopted a resolution referring those comments to the Manager and Attorney for this follow-up report and recommendation. Please see the draft minutes from that public forum (Attachment 1). 

 

DISCUSSION

 

We have reviewed and considered the public forum comments and Council discussion of the issues related to the regulation of the use of leaf blowers and other landscape equipment, including the Town’s own use of such equipment.  On the basis of that review, we believe that there are a number of options for the Council’s consideration.  We recommend that the Council provide direction to the Manager and Attorney regarding which potential steps it wishes to consider further. 

 

Among the options we believe are available to the Council are the following:

 

  1. Taking no further action to regulate the use of leaf blowers and other powered landscape equipment.
  2. Amending the present noise ordinance exemption for “lawn mowers, agricultural equipment, and landscape maintenance equipment used between the hours of 7:00 a.m. to 9:00 p.m. weekdays and 8:00 a.m. to 9:00 p.m. on weekends. . .”  (Section 11-40 of the Town Code of Ordinances)
  3. Establishing decibel standards for such equipment, based on consideration of the maximum noise level now established as the lowest common industry standard for newly manufactured leaf blowers, and setting the location where measurements are taken at a reasonable distance (off the property where the equipment is in use). 
  4. Establishing time of day limitations on the use of leaf blowers and other power landscape equipment, times to vary based on whether the use is occurring on residential, commercial, or institutional property, as well as the proximity of residential property to non-residential property where such equipment is being used.
  5. Adopting a policy regarding maintenance and replacement of Town-owned leaf blowers and other motorized landscape equipment.

 

If the Council wishes to consider further taking action to adjust Town regulations and policy pertaining to private and Town use of leaf blowers and similar equipment, the attached resolution could be adopted.  The resolution lists the topics for proposed ordinance adjustments and changes to the Town’s own use of such equipment for further consideration which the Manager and Attorney believe are reasonable based on our review of the information available on this subject and public comments received.  

 

RECOMMENDATION

 

If the Council wishes to further consider addressing this matter, that the Council adjust, as it deems appropriate, and adopt the attached resolution including those topics for which it wishes to see developed draft ordinances for possible enactment and the standards it wishes to consider for the Town’s own operations.

 

ATTACHMENTS

 

1.      Minutes from January 24, 2005 public forum (p. 4).

2.      January 24, 2005 Agenda Item #2 (p. 10).

3.      Section 11-40 of the Town Code (p. 15).

 

A RESOLUTION PROVIDING DIRECTION TO THE TOWN MANAGER AND TOWN ATTORNEY REGARDING THE PREPARATION OF DRAFT REGULATIONS FOR FUTURE COUNCIL CONSIDERATION AND PROVIDING INSTRUCTIONS TO THE MANAGER REGARDING THE TOWN’S USE OF MOTORIZED LANDSCAPE EQUIPMENT (2005-02-28/R-11)

 

WHEREAS, the Council of the Town of Chapel Hill has received a petition proposing the Town prohibit the operation of gasoline powered leaf blowers and has received and considered reports on the implications of such a measure; and

 

WHEREAS, the Council has conducted a public forum to receive citizen comment on possible regulation of the use of leaf blowers and other motorized landscape equipment; and

 

WHEREAS, the Council believes that further consideration of the regulation of the use of such equipment is appropriate in order to promote the public health, safety and welfare;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager and Attorney to prepare for the Council’s consideration amendments and additions to the Town Code of Ordinances that would:

 

1.          Regulate the time that leaf blowers and other motorized landscape equipment can be operated, with appropriate differences in permitted hours of operation based on the use of property and surrounding property.  Tentative categories are as follows:

 

a.       Residential property: 

b.      Commercial and institutional property:

c.       Commercial and institutional property directly adjacent to residential property: 

 

2.          Establish a maximum decibel level at which leaf blowers and other motorized landscape equipment may be operated, said noise levels to be established with consideration for the maximum noise level now established as the lowest common industry standard for newly manufactured leaf blowers; and, set the location and/or distance at which such levels are to be measured.

 

BE IT FURTHER RESOLVED that the Council directs that the Manager develop a proposed policy, and evaluate budgetary implications of such a policy, that would provide for replacement of leaf blowers and other powered landscape equipment owned by the Town with new equipment having the lowest levels of emissions and noise generation levels available in the market, no later than when  present equipment not meeting such standards is three years old or is in need of repairs estimated to exceed 25 percent of the equipment’s remaining value, whichever occurs first. 

 

This the 28th day of February, 2005.