News

City adds teeth to long-ignored ban on gas-powered leaf blowers

Rule changes raise fines for violators, make it easier for code enforcement officer to issue citations

Palo Alto approved on June 19, 2023, an ordinance change that raises fines for use of gas-powered leaf blowers in residential areas. Embarcadero Media file photo.

Palo Alto added some fuel to its effort to crack down on gas-powered leaf blowers when the City Council on Monday, June 19, raised the fines for flouting the city's ban on the noisy appliance and shortened the process for issuing citations.

By a unanimous vote, the council raised the penalty for the first violation from $100 to $250. Second and third violations would carry fines of $500 and $1,000, respectively, up from $150 and $300. The council also made it easier for code enforcement officers to issue citations by removing the five-day waiting period that the city had previously granted to violators between a warning and an official citation.

The moves, which the council approved on its "consent calendar" with no discussion or dissent, were consistent with the proposals from the Department of Planning and Development Services, which recommended the changes in a bid to add some teeth to a regulation that has been on the books for decades but that has largely been ignored.

The council had previously endorsed these changes in February. The June 19 action formally implements them.

With more residents and environmental advocates crying foul in recent years about the noise and pollution associated with gas-powered leaf blowers, Palo Alto hired a code enforcement officer last year who is specifically focused on the regulation.

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The council also agreed that the property owners — rather than the landscapers — should be held responsible for violating the local prohibition on gas-powered leaf blowers, which has been around since 2005 and which applies only to residential neighborhoods.

The new rule changes formally enact this direction. They empower the code enforcement officer to issue citations to property owners, landscapers or the property owners who hire the landscapers.

When property owners aren't aware that the landscapers they hire use gas-powered leaf blowers, the revised rules provide a grace period, or a period of "constructive knowledge." In these situations, the code enforcement officer would have the discretion to issue a notice of violation and give the property owner time to remedy the violation and thus avoid a fine.

The law also removes the five-day waiting period that made it nearly impossible for city code enforcement officers to issue citations unless they actually observe two violations at least five days apart. Planning Director Jonathan Lait told the council in February that the city was aware of only three citations for leaf-blower violations issued within the prior six weeks.

"We have not been very successful in being able to catch a subsequent violation taking place in order to cite the violator of that provision," Lait told the council at the time.

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Now, city leaders are hoping that the revised ordinance will help them both inform gardeners and homeowners about the longstanding policy and crack down on those who ignore it.

To help achieve compliance, the Department of Planning and Development Services is proposing a public engagement strategy that includes community meetings, a dedicated website, door hangers and inclusion about the leaf blower ban in information in utility bills, according to a report from the department.

The report notes that code enforcement officers have long employed a strategy to "gain voluntary compliance over aggressive citation and penalty fee collection."

"An overriding principle is to first inform and then seek compliance," the report states. "When needed, follow up with a time to cure and pay a penalty thereafter if needed."

The new ordinance stops well short of some of the measures that had been recommended by local environmentalists, including a citywide ban on gas-powered leaf blowers and an expansion of the ban to include electric leaf-blowers as well.

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Climate activist David Coale made a case for raking leaves rather than blowing them at the February meeting and suggested that electric leaf blowers have some of the same drawbacks as gas-powered ones.

"Electric leaf blowers still kick up toxic dust into the air and they still make noise," Coale told the council at that time.

While council members haven't endorsed a ban on electric leaf blowers, they indicated earlier this year that they are willing to explore a citywide ban on the gas-powered variety. In April, the council voted to direct its Policy and Services Committee to explore such a ban in 2024.

Council member Julie Lythcott-Haims is among those who believe that the ban should extend beyond residential areas, noting that less affluent people are more likely to live in dense housing developments in commercial and industrial areas.

"I would like to see us enforce a gas leaf blower ban citywide as a matter of equity for residents." Lythcott-Haims said during the February discussion.

Related story: More than hot air: Research shows health risks in air pollution caused by leaf blowers, but industry disputes implications

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Gennady Sheyner
 
Gennady Sheyner covers the City Hall beat in Palo Alto as well as regional politics, with a special focus on housing and transportation. Before joining the Palo Alto Weekly/PaloAltoOnline.com in 2008, he covered breaking news and local politics for the Waterbury Republican-American, a daily newspaper in Connecticut. Read more >>

Follow on Twitter @paloaltoweekly, Facebook and on Instagram @paloaltoonline for breaking news, local events, photos, videos and more.

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City adds teeth to long-ignored ban on gas-powered leaf blowers

Rule changes raise fines for violators, make it easier for code enforcement officer to issue citations

Palo Alto added some fuel to its effort to crack down on gas-powered leaf blowers when the City Council on Monday, June 19, raised the fines for flouting the city's ban on the noisy appliance and shortened the process for issuing citations.

By a unanimous vote, the council raised the penalty for the first violation from $100 to $250. Second and third violations would carry fines of $500 and $1,000, respectively, up from $150 and $300. The council also made it easier for code enforcement officers to issue citations by removing the five-day waiting period that the city had previously granted to violators between a warning and an official citation.

The moves, which the council approved on its "consent calendar" with no discussion or dissent, were consistent with the proposals from the Department of Planning and Development Services, which recommended the changes in a bid to add some teeth to a regulation that has been on the books for decades but that has largely been ignored.

The council had previously endorsed these changes in February. The June 19 action formally implements them.

With more residents and environmental advocates crying foul in recent years about the noise and pollution associated with gas-powered leaf blowers, Palo Alto hired a code enforcement officer last year who is specifically focused on the regulation.

The council also agreed that the property owners — rather than the landscapers — should be held responsible for violating the local prohibition on gas-powered leaf blowers, which has been around since 2005 and which applies only to residential neighborhoods.

The new rule changes formally enact this direction. They empower the code enforcement officer to issue citations to property owners, landscapers or the property owners who hire the landscapers.

When property owners aren't aware that the landscapers they hire use gas-powered leaf blowers, the revised rules provide a grace period, or a period of "constructive knowledge." In these situations, the code enforcement officer would have the discretion to issue a notice of violation and give the property owner time to remedy the violation and thus avoid a fine.

The law also removes the five-day waiting period that made it nearly impossible for city code enforcement officers to issue citations unless they actually observe two violations at least five days apart. Planning Director Jonathan Lait told the council in February that the city was aware of only three citations for leaf-blower violations issued within the prior six weeks.

"We have not been very successful in being able to catch a subsequent violation taking place in order to cite the violator of that provision," Lait told the council at the time.

Now, city leaders are hoping that the revised ordinance will help them both inform gardeners and homeowners about the longstanding policy and crack down on those who ignore it.

To help achieve compliance, the Department of Planning and Development Services is proposing a public engagement strategy that includes community meetings, a dedicated website, door hangers and inclusion about the leaf blower ban in information in utility bills, according to a report from the department.

The report notes that code enforcement officers have long employed a strategy to "gain voluntary compliance over aggressive citation and penalty fee collection."

"An overriding principle is to first inform and then seek compliance," the report states. "When needed, follow up with a time to cure and pay a penalty thereafter if needed."

The new ordinance stops well short of some of the measures that had been recommended by local environmentalists, including a citywide ban on gas-powered leaf blowers and an expansion of the ban to include electric leaf-blowers as well.

Climate activist David Coale made a case for raking leaves rather than blowing them at the February meeting and suggested that electric leaf blowers have some of the same drawbacks as gas-powered ones.

"Electric leaf blowers still kick up toxic dust into the air and they still make noise," Coale told the council at that time.

While council members haven't endorsed a ban on electric leaf blowers, they indicated earlier this year that they are willing to explore a citywide ban on the gas-powered variety. In April, the council voted to direct its Policy and Services Committee to explore such a ban in 2024.

Council member Julie Lythcott-Haims is among those who believe that the ban should extend beyond residential areas, noting that less affluent people are more likely to live in dense housing developments in commercial and industrial areas.

"I would like to see us enforce a gas leaf blower ban citywide as a matter of equity for residents." Lythcott-Haims said during the February discussion.

Related story: More than hot air: Research shows health risks in air pollution caused by leaf blowers, but industry disputes implications

Comments

Resident
Registered user
Old Palo Alto
on Jun 23, 2023 at 10:56 am
Resident, Old Palo Alto
Registered user
on Jun 23, 2023 at 10:56 am

Our recent (April 2023) experience with Craig Hartley ("Palo Alto hired a code enforcement officer last year who is specifically focused on the regulation") does not bode well for the city's ability to enforce this law fairly and honestly. We received a letter dated 4/13/23 telling us we had to "advise your landscape professional to stop using the gas-powered leaf blower by 04/20/2023." Our gardener assured us that he never used a gas-powered leaf blower. The letter arrived in the mail on 4/22/2023. We attempted to reach Hartley by phone for over a week with no success. We then asked the administrative staff who answered the phone in the Code Enforcement Office for details about the finding. She gave us the day and time cited by the person who made the complaint to Code Enforcement. Neither was the day or time our gardener routinely comes to our house. I confirmed this with her and asked for an explanation. She could not give me that, but she assured me that the Code Enforcement Officer would typically go to the address provided by the complainant, park in an unmarked car and observe the gardener before issuing a letter. A few days later (on 4/27/23) Hartley called our home, talked to my husband and told him that our "record was wiped clean." So he obviously used the wrong address, wrong time, wrong day without checking! But there was no acknowledgement of his error, no apologies! If the city wants to enforce this law they need to do it correctly.


Native to the BAY
Registered user
Old Palo Alto
on Jun 23, 2023 at 3:26 pm
Native to the BAY, Old Palo Alto
Registered user
on Jun 23, 2023 at 3:26 pm

The article says nothing about gas powered mowers, trimmers, edgers. As well from what I gather here. Places like Mayfield Place 2500 ECR which is associated with no neighborhood and is on SRP land AND is a residential community. So management may use all gas powered landscaping equipment and can start anytime day or night? Yes MP where is an overwhelming amount of air, light, noise pollution on this strip which residents are subjected to daily, hourly. Many residents are immune compromised, kids who have lung issues . Another PA contradiction -- must have solar panels yet no care for polluting residents lives with all of the above including the hypocrisy for climate friendly solutions. Oh wait. This leaf blower thing is all about SFH's property values, right? Not about the quality of life for all incomes, ages, abilities, home locations .... Or is this about the elite saying "don't make the perfect the enemy of the good" .


Rose
Registered user
Mayfield
on Jun 23, 2023 at 5:27 pm
Rose, Mayfield
Registered user
on Jun 23, 2023 at 5:27 pm

Gas-powered leaf blowers should definitely be banned EVERYWHERE in Palo Alto. Why are they still allowed in “mixed use” areas, by condominiums and businesses? Residents in condos and apartment complexes and business workers deserve consideration too. Science tells us that noise is a health risk. We’ve got so much traffic and airplane noise. Banning gas-powered leaf blowers throughout the city is easy. We shouldn’t still be discussing this! It’s time to take care of all residents and workers in Palo Alto.


M.K
Registered user
Old Palo Alto
on Jun 23, 2023 at 5:29 pm
M.K, Old Palo Alto
Registered user
on Jun 23, 2023 at 5:29 pm

Unfortunately the new fines are useless as the enforcers are asleep at the wheel. I’ve had a complaint in for months and no response. I have pictures, video, truck license plate number and the schedule of when they arrive so basically an open and shut case and still no response.

Its teeth with no mouth


Harold Jenkins
Registered user
Old Palo Alto
on Jun 24, 2023 at 9:11 am
Harold Jenkins, Old Palo Alto
Registered user
on Jun 24, 2023 at 9:11 am

A simpler suggestion...what if residents simply provided the Code Enforcement Office with cellphone pics including location, time, and the license plate of the landscaper?

Then Mr. Hartley could follow-up on his own, issuing warnings and citations if warranted.

Residents could then follow-up on these incidents by contacting the office or Mr. Hartley via phone call/message, letter, or email.


Jacob Bromley
Registered user
another community
on Jun 24, 2023 at 12:04 pm
Jacob Bromley, another community
Registered user
on Jun 24, 2023 at 12:04 pm

Another option would be to limit the use of gas-powered leaf blowers from1-2 days per week.

That way, PA residents and landscape professionals can strike a compromise.


Roberta Peterson
Registered user
Palo Alto Hills
on Jun 25, 2023 at 8:20 am
Roberta Peterson, Palo Alto Hills
Registered user
on Jun 25, 2023 at 8:20 am

Leaf blowers (whether gas or AC powered) stir up a lot of dirt and allergens. Neither one is optimal.

The other options, using a hand rake or water is either slow, noisy, or wasteful.

Alternative solution: eliminate all natural lawns and shrubbery. Have a rock garden instead with some succulents for greenery or install artificial turf.

Done deal.


ndn
Registered user
Downtown North
on Jun 27, 2023 at 3:59 pm
ndn, Downtown North
Registered user
on Jun 27, 2023 at 3:59 pm

Roberta Peterson,

What a clever solution you came up with!!!! Tell me, what trees should we plant that are leafless year round? And should we all dig out all our trees and then replace them with the leafless ones? Because I have not one blade of grass in my professionally designed garden but I have 11 mature trees .... Please preach responsibly.


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