HomeMy WebLinkAboutORD-02-93 Add Ch 8.26 Regulating Leaf Blowers in Residential AreasORDINANCE NO. 2-
93 AN ORDINANCE OP THE CITY OP
ORANGE ADDING CHAPTER 8.26 TO THE
ORANGE MUNICIPAL CODE REGULATING USE
OP <LEAP BLOWERS IN RESIDENTIAL
AREAS.WHEREAS, the use of electrical or gasoline powered leaf
and debris blowers within the city of Orange can create noise
which is bothersome to nearby residences and passersby;
and WHEREAS, the use of said blowers can cause dust and
other debris to be blown into the air and onto adjoining properties
and onto public streets and public rights-
of-way; and WHEREAS, the use of said blowers can cause
air pollution and can aggravate allergies and other
respiratory problems for
sensitive persons; and NOW, THEREFORE, THE CITY COUNCIL OP THE CITY
OP ORANGE DOES
ORDAIN AS POLLOWS:section I. A new Chapter 8.26 is hereby added
to the Orange Municipal Code to
read as follows:
Chapter 8.
26
LEAP BLOWERS sections:8.26.010 - Purpose
and Intent.8.26.020 -
Definitions.8.26.030 - Use Limitations.
8.26.040 - violation.8.
26.010 - Purpose and Intent. This chapter is intended to provide regulation
of leaf blower operation in order to control unnecessary and
excessive noise, airborne dust, and the blowing of debris
onto adjacent property and public right-of-way.
8.26.020 - Definitions. A. Leaf Blower - any portable power equipment
used to generate a stream of air for the purpose of blowing
leaves, dirt, dust, grass clippings, tree and shrub trimmings, trash
or other debris from sidewalks, driveways, lawns or other
surfaces or to apply landscape chemicals.B. Parcel -
a unit of land shown the latest equalized
assessment roll.by the same
individual entity shall be the purposes of
this chapter.as a separate
parcel on contiguous parcels owned
considered one parcel
for C. Residential area -
any property zoned use as provided for
in Title 17 of this code.streets adjacent to residential
property shall residential area for purposes
of this chapter.for residential Sidewalks and
be considered
a
8.26.030 - Use Limitations - The following operations are prohibited in
all residential areas of the City:A.the
hours
9:00
a.m.Leaf blower
use in any residential area except between of 8:
00 a.m. to 7:00 p.m., Monday through Saturday and to 5:
00 p.m., Sundays and Federal holidays.B. Operation
of more than one leaf blower at a time on any parcel of
less than one half acre in area.C.parcels
parcels
Leaf
blower
operation exceeding 15 minutes per hour on one half
acre or less in area, or 30 minutes per hour on greater than
one half acre in area.D. Operating
a leaf blower within 10 feet of any window,door, or
mechanical air intake opening or duct on neighboring properties.E.
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, and
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.F. Operation
of a leaf blower which produces more than 70 decibels dB(
a) measured at a horizontal distance of 50 feet.8.26.
040 - violation - Any violation of this chapter is considered an infraction punishable
as prescribed by section 1.08.010 of
this Code. Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as
such.section II Severability. If
any section,
subdivision, paragraph, sentence,clause or phrase of
this chapter is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining
portions of this chapter. The City Council hereby declares that
it would have passed this chapter,and each section, subdivision,
paragraph, sentence, clause and phrase thereof, irrespective of
the fact that anyone (or more)section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or
unconstitutional.SECTION III:A summary
of this
Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the Office of
the city Clerk at least five (5) days prior to the city Council meeting
at which this Ordinance is to be Ord No. 2-93
2-
adopted. A summary of this Ordinance shall also be published
once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in
the City of Orange. The City Clerk shall post in the Office of
the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members
voting for and against the Ordinance in accordance with
Government Code section 36933. This Ordinance shall take effect
thirty (30) days from and after the date of its final passage.
Adopted this 13th day of April , 1993.
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ATTEST:
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City Cler of y of Orange
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, 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 23rd day of March ,1993, and thereafter at the
regular meeting of said city Council duly held on the 13th day
of April , 1993, was duly passed and adopted by the---
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SPURGEON. BARRERA. MAYOR BEYER. COONTZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: MURPHY
of Orange
RDH:dg 3-Ord No.2-