TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Regulation of Use of Landscape Equipment
DATE: June 15, 2005
The attached ordinance would amend the Town Code to regulate the use of leaf blowers and other motorized landscape equipment.
The attached resolution would endorse an administrative policy providing for the replacement of Town-owned leaf blowers and other powered landscape equipment with new equipment having the lowest available emissions and noise levels on a three-year schedule.
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 received a report and background information and 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 a follow-up report and recommendation.
On February 28, 2005, the Council adopted a resolution directing 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 were identified as:
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. This maximum level would set with consideration for the approximate noise level now established as the common industry standard for comparable newly manufactured leaf blowers. In addition, the Ordinance would set the location and/or distance at which such levels are to be measured.
The Council also directed the Manager to 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 meeting industry standards for levels of emissions and noise generation, 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.
DISCUSSION
Town noise regulations are set out in Chapter 11 of the Town Code of Ordinances. Section 11-40 includes a list of exemptions from the provisions of the Noise Control Code. Activities currently exempt from regulation under the Code include:
(j) 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; providing all equipment is operated in accord with the manufacturer's standard mufflers and noise-reducing equipment in use; and is in proper operating condition. When practical, such equipment shall be located so as to minimize the noise impact on surrounding residences.
The attached Ordinance would modify the current provisions of the Town’s noise regulations in Chapter 11 of the Town Code.
The Ordinance would establish new time periods for the operation of leaf blowers and other motorized landscape equipment. The time periods would distinguish between residential property and other properties in other uses:
a. On residential properties, and on non-residential property within 100 feet of residential property, such equipment could be used between 8 a.m. and 7 p.m. weekdays and between 9 a.m. and 5 p.m. Saturday and Sunday.
b. On other non-residential properties, such equipment could be used between 4 a.m. and 9 p.m. weekdays and between 8 a.m. and 5 p.m. Saturday and Sunday.
We believe these limits will afford reasonable opportunities for such equipment to be used by property owners and commercial operators in a way that does not unduly interfere with the peaceful enjoyment of persons’ residences and businesses.
The Ordinance would also establish a maximum decibel level of 65 dBa at which said equipment may be operated, as measured 20 feet from location of use. In effect, this proposed regulation would require that operators reduce the level of operation when there are persons in the nearby vicinity. We believe it is reasonable to expect that operators should lower the power level at which such equipment is being operated when pedestrians are passing by.
We have included in the ordinance a provision that would allow the Town to use these devices at other times of the day when such use is necessary to clean and restore public property following scheduled or unscheduled special events such as downtown street festivals, athletic celebrations and Halloween.
The attached resolution would provide that the Town will plan, subject to availability of funding in each annual budget, for the replacement of leaf blowers and other powered landscape equipment owned by the Town in accordance with the following standards:
We believe that implementation of this policy could require an increase in the proposed budget for the Public Works Department, depending on how it is implemented each year. Many of our pieces of landscape equipment, including our large mowers, are now on a seven-year replacement schedule. We will propose a phasing- in schedule for the replacement of this machinery as part of the budget materials prepared for the 2006-07 Fiscal Year.
However, we would also note that Town equipment taken out of service based on these standards may be sold as surplus property and ultimately returned to use in the private sector.
RECOMMENDATION
We recommend that the Council enact the attached ordinance and adopt the attached resolution.
AN ORDINANCE AMENDING THE NOISE CONTROL OF THE TOWN OF CHAPEL HILL TO RESTRICT THE USE OF LEAF BLOWERS AND OTHER MOTORIZED LANDSCAPE EQUIPMENT (2005-06-15/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Sec. 11-40, paragraph (j) is hereby revised to read as follows:
“(j) 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; providing all equipment
is operated in accord with the manufacturer's standard mufflers and
noise-reducing equipment in use; and is in proper operating condition. When
practical, such equipment shall be located so as to minimize the noise impact
on surrounding residences. Reserved.”
Section 2. A new Sec. 11-40.1 is hereby added to read as follows:
“Sec. 11-40.1. Regulations applicable to leaf blowers and other motorized agricultural and landscape maintenance equipment.
Leaf blowers, lawn mowers and other motorized agricultural and landscape maintenance equipment shall be subject to the following regulations:
(a) Leaf blowers, lawn mowers and other motorized agricultural and landscape maintenance machinery shall be operated only with all manufacturer-supplied emission control devices and noise muffling equipment in proper working order.
(b) Leaf blowers, lawn mowers and other motorized agricultural and landscape maintenance machinery may be used during the following time periods based on the zoning designation of the property and contiguous property:
a. On property zoned one of the Residential zoning classifications under the Town’s Land Use Management Ordinance (R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD-1, and R-LD-5), and on parts of any property not so zoned but contiguous to property carry such designation, within 100 feet of the residentially zoned property, such equipment may only be operated between the hours of 8 a.m. and 7 p.m., Monday through Friday and between the hours of 9 a.m. and 5 p.m. Saturday and Sunday.
b. On property zoned for any other purpose not meeting the contiguity standard in (a), said equipment may only be operated between the hours of 4 a.m. and 9 p.m. Monday through Friday and between the hours of 8 a.m. and 5 p.m. on Saturday and Sunday.
(c) Notwithstanding the provisions of subparagraph (b), the Town Manager is authorized to direct the use by Town staff and Town agents of such motorized machinery at other hours when such use is necessary to clean or restore public properties following scheduled or unscheduled special events.
(d) Leaf blowers, lawn mowers and any other motorized agricultural and landscape maintenance machinery shall be operated and controlled by the handler so that the decibel level generated by said equipment does not exceed 65 dBa when measured, off of the premises where the equipment is used, at a distance of 20 feet from the location of use. Equipment that would otherwise exceed this standard shall be operated at a reduced intensity in order to meet this standard when the operator is made aware of persons present within the nearby vicinity.
(e) These specific regulations shall not mean that the use of such equipment is not further subject to the nuisance provisions contained in Section 11-39.1 of this Chapter.
Section 3. This Ordinance shall be effective September 1, 2005.
This the 15th day of June, 2005.
A RESOLUTION ESTABLISHING A POLICY FOR THE REPLACEMENT OF TOWN OWNED LANDSCAPE EQUIPMENT WHICH DOES NOT MEET LATEST INDUSTRY STANDARDS FOR EMISSIONS AND NOISE GENERATION (2005-06-15/R-9)
WHEREAS, the Council of the Town of Chapel Hill finds that the reasonable regulation of the use of motorized landscape equipment will promote the public health, safety and welfare by reducing emissions and noise;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes the following policy for the Town’s ownership and use of motorized landscape equipment, subject to specific approval of an annual replacement program as part of each future Town budget:
a. Town owned leaf blowers and other powered landscape equipment that does not meet then-current industry emissions and noise standards for comparable newly-manufactured equipment will be removed from Town service when it has been in Town use for three years.
b. When any Town owned leaf blowers and other powered landscape equipment that does not meet then-current industry emissions and noise standards for newly manufactured equipment is in need of repairs estimated to exceed 25 percent of the equipment’s remaining value, it will be removed from Town service.
BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to consider this policy in developing proposed budgets beginning with the 2006-07 Fiscal year, and to report at that time on the potential costs for the phasing in of such a replacement program.
This the 15th day of June, 2005.