Subject
Mo - THEREFORE MOVE that Atty be requested to draft the appropriate Ord to amend the Municipal Code to set a limit of 60 decibels for gas powered leaf and trash blowers, using the same standards of measurement as are in the Code for other noise regulations, with an effective date of six months from the date of adoption of the ordinance, to provide a reasonable phase in period, and to return that ord to the City Ccl for consideration as soon as possible.
REFER ALSO TO CF 86-0333
File History
11-9-90 - This days Ccl session
11-9-90 - Ref to EQ&WM Comt
11-16-90 - File to EQ&WM Comt Clk
4-3-91 - Mo - Yaroslavsky Mover 1991 - Flores - ADOPTED that rept
from EQ&WM Comt relative to establishing a 60 Decibel limit at full
throttle for gas powered leaf & trash blowers BE WITHDRAWN from Ccl &
BE REFERRED to EQ&WM Comt together with substitute motion (Alatorre -
Woo) & two amending motions
4-9-91 - File to EQ&WM Comt Clk
7-9-92 - DUPLICATE FILE MADE THIS DAY - File to EQ&WM Comt Clk
8-15-95 - This days Ccl session - Mo - Braude Mover 1995 / Galanter - THEREFORE
MOVE that City Atty be requested to draft an ord to prohibit the sale & use
within City of gasoline - powered leafblowers, & to return that ord to the
EQ&WM Comt within 60 days.
FURTHER MOVE that ord include language to provide that any gardener who can
demonstrate ownership of such a leafblower for less than a year be exempt from
the provisions of this ord until one year after the purchase date.
8-15-95 - Ref to EQ&WM Comt
8-24-95 - File to EQ&WM Comt Clk
3-27-96 - DUPLICATE ORIGINAL FILE MADE THIS DATE (THIS IS DUPLICATE ORIGINAL
FILE #2) - FILE TO EQ&WM COMT CLK
3-27-96 - Portable Power Equipment Manufacturers Association (PPEMA) letter
received re: Legislation to ban leaf blowers in the City of Los Angeles - to
EQ&WM Comt Clk
5-14-96 - Mo ADOPTED to approve communication recommendation from EQ&WM Comt
rept to REQUEST the City Atty to PREPARE an ordinance amending the Los Angeles
Municipal Code (LAMC), Section 112.04, to restrict the use of gas powered leaf
blowers by providing that no gas powered backpack blower shall be used within
500 feet of a residence at anytime after March 1, 1997, pursuant to the draft
attached to the Ccl file
5-17-96 - File to City Atty
10-1-96 - File & City Atty (R96-0344) rept re: Draft of Ordinance amending LAMC
Sec 12204 to restrict use of gas powered Leaf Blowers in City within 500 feet
of residences - to EQ&WM Comt Clk
12-3-96 - Ord ADOPTED AMENDING Section 112.04 by adding a new Subsection (c) to
prohibit the use of gas powered leaf blowers in the City of Los Angeles within
500 ft of a residence at anytime after 7-1-97, with the exception of leaf
vacuum devices which operate at a sound level not to exceed 45 dB(A). Both the
user of such a blower as well as the employer of such user, if any, shall be
subj to the requirements of & penalty provisions of this ord.
12-3-96 - File to Mayor for signature FORTHWITH
12-17-96 - File to EQ&WM Comt Clk OK
12-18-96 - File in files
7-9-97 - File to C&ED Comt Clk
7-16-97 - C&ED Comt rept ADOPTED *AS AMENDED to:
*1. REQUEST the City Atty to amend Ordinance No. 171440 relative to the
restrictions on the use of gas powered leaf blowers in the City of Los Angeles
to include a moratorium from the current operative date of July 1, 1997, to the
new operative date of July 1, 1998, AND to ADD or DELETE the following
provisions:
*a. "ADD" - THE FOLLOWING WARNING PROVISION, IN ACCORDANCE WITH COUNCIL ACTION
OF NOVEMBER 19, 1996:
(1) FIRST VIOLATION of this ordinance should result in an informal verbal
notice and distribution of a flyer to the gardener and neighboring residents
informing them of the leaf blower prohibition
(2) SECOND VIOLATION of this ordinance should result in written notice to the
gardener and the neighboring residents informing them of the prohibition and
potential liability. Written notice provided to residents should include a
reminder notice to be given to the gardener
(3) THIRD VIOLATION of this ordinance should result in the issuance of a
citation only if (1) and (2) above listed warning / notice procedures have been
followed
b. "ADD" - A ONE-YEAR PHASE-IN PERIOD PROVISION for the entire ordinance
(pursuant to Motion (Bernson - Wachs) adopted by Ccl on November 26, 1996)
c. "DELETE" THE SOUND LEVEL SPECIFICATION PROVISION from the ordinance shown
at 45 decibels, inasmuch as the permitted leaf vacuum devices have been
determined to operate within the specified sound level requirements, in
accordance with Ccl's action of June 10, 1997 (CF 97-0996)
2. REQUEST the Los Angeles Police Department (LAPD) to delay enforcement of
Ordinance No. 171440 as it pertains to the restrictions on the use of
gas-powered leaf blowers until at which time the newly amended ordinance
becomes operative on July 1, 1998, with the exception of the provision in
Section 112.04 of the Los Angeles Municipal Code which pertains to the
operation of any powered equipment or machinery between the hours of 10:00 p.m. and 7:00 a.m.
3. REQUEST that the City Atty transmit a copy of the draft of the amendment to
Ordinance No. 171440 to the LAPD, pursuant to Council Rule No. 38, and that the
LAPD report back to the Ccl in 6 months with a plan for enforcement
7-16-97 - *Mo - Miscikowski Mover 1997 / Feuer - ADOPTED - Members of the Los
Angeles Police Department tasked with devising an enforcement strategy for the
ban on gasoline-powered leafblowers have stated that the ordinance would be
easily enforceable without the City Ccl's requirement, adopted November 19,
1996, for the issuance of two warnings to each gardener before citations may be
issued. Further, the police should not require a year's time to devise a fair
and reasonable enforcement system; six months should be sufficient to do that
THEREFORE MOVE that the report of the Community and Economic Development Comt
on the leafblower ordinance (CF 90-2377, item 15 on today's agenda) be amended
as follows:
1) delete the reference to a 12-month moratorium on the ordinance's operative
date and replace it with a one-year phase-in to December 31, 1997 in the
Bernson-Wachs motion of November 26, 1996, with the time that has elapsed since
the adoption of the ordinance being subtracted from that one-year period
2) delete the warnings-before-citation language (Recommendation 1, a, 1-3) and
substitute for it a six-month period during which police may verbally warn all
violators but not issue citations, and during which the Public Safety Comt can
consider and report to the City Ccl upon appropriate public education
strategies concerning the ordinance and how best to enforce the ordinance once
the 12-month phase-in is completed
7-16-97 - *Mo - Alarcon Mover 1997 / Bernson / Ferraro - ADOPTED - MOVE that an
Ad Hoc Comt on Leaf-Blowers be established consisting of the Chairpersons of
the following comts; Public Works, Environmental Quality and Waste Management,
Public Safety, and Community & Economic Development Comt
FURTHER MOVE that the Comt report back to the City Ccl in six months with
recommendations for any modifications to the ordinance 171440
7-22-97 - File to City Atty
12-11-97 - CLA transmittal regarding Leaf Blower Task Force - to EQ&WM Comt Clk
12-17-97 - EQ&WM Comt rept ADOPTED to APPROVE ALTERNATIVE "A"
A. Ccl member Miscikowski recommends, as recommended by the City Leaf BlowerTask Force:
1. PRESENT & adopt the accompanying Ordinance amending LAMC Section 112.04
(Leaf Blower Ord, Ord No. 171440) which will:
a. Change a violation from a misdemeanor to an infraction
b. Establish an infraction fine of $100
c. Clarify the term "employer"
d. Remove the sound level restriction for vacuum devices
2. EXTEND the existing citation moratorium until the recommended Ord
modifications become effective
3. DIRECT the City Atty to prepare and present an amendment of the LAMC to
provide for joint authority in the issuance of citations for LAMC Section
112.04(c) the Leaf Blower Ord by Code enforcement personnel of Bldg & Safety, with the LAPD retaining primary enforcement responsibility.
4. DIRECT the ITA, with the assistance from the Dept of General Services, to
continue to work to provide computer access and any required system
modifications to enable the Police Dept, Dept of Public Works, and the Dept of
Bldg & Safety to utilize a combined data base to track those violations which
are the subj of joint enforcement authority
5. DIRECT the Bureau of St Mtce to establish a six month prog to respond to
telephone complaints regarding leaf blowers with educational letters to both
the gardener and the property resident
6. AUTHORIZE the hiring of one Clerk Typist in the Bureau of St Mtce until June
30, 1998 and exempt his position from the existing hiring freeze
7. DIRECT the ITA to work with the Bureau of St Mtce to expeditiously establish
a call router system for leaf blower compliant calls.
8. DIRECT the Leaf Blower Task Force to meet upon final Ccl action on the
proposed Leaf Blower Ord enforcement options and Ordinance clarification to
develop an Ordinance fact sheet, which will be the basis for all education
progs and materials - ORDINANCE OVER ONE WEEK TO 1-6-98 - ON 2ND READING BASIS
ALTERNATIVE B - FAILED OF ADOPTION
1-6-98 - ORDINANCE ADOPTED AMENDING Section 112.04 of the LAMC to modify subsection (c) relating to the use of Gas Powered Leaf Blowers to remove the previous restriction on Gas-Powered Vacuum Devices; Reference the term employer with a more specific reference to individuals who contract for services; and reduce the potential penalty from a misdemeanor to an infraction punishable by a maximum fine of $100.
1-7-98 - File to Mayor for signature
1-12-98 - DUPLICATE & ORIGINAL FILE BOUND THIS DAY
1-12-98 - File to City Atty - Attn: Keith Pritsker ext 57513
5-8-98 - For ref - City Atty R98-0149 - Req Ccl approve report regarding Ord amending LAMC 61.07(c) and 111.05(a) to allow B&S & St Mtce Staff the ability to cite violations of LAMC 112.04(c)
5-15-98 - Ref to EQ&WM Comt
5-15-98 - File to EQ&WM Comt Clk
6-11-98 - DUPLICATE AND ORIGINAL FILES BOUND THIS DATE - FILE TO CAL CLK FOR CCL 6-16-98 - Ord ADOPTED amending Los Angeles Municipal Code (LAMC) Sections 61.07(c) and 111.05(A) to allow inspectors in the Building and Safety Department and the Bureau of Street Maintenance to issue citations for violation of LAMC Section 112.04(C), which restricts the use of gas powered blowers within 500 feet of a residence
6-17-98 - File to Mayor for signature
6-30-98 - File to EQ&WM Comt Clk OK
6-30-98 - File in files