Chapter 8.21
LEAF BLOWERS
Sections:
8.21.020 Use of leaf blowers – Prohibited.
8.21.010 Definitions.
For purposes of this chapter, the terms in this section shall have the following meaning:
A. “Holidays, City-designated” mean those holidays designated as such by the City of Calistoga, including but not limited to: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the day following Thanksgiving Day, Christmas Eve, and Christmas Day.
B. “Leaf blower” means a machine, powered by a gasoline engine or electric motor, used to blow, displace, or vacuum leaves, dirt, and/or debris.
1. “Electrically powered leaf blower” means any leaf blower, leaf vacuum or other leaf gathering device powered by electric means, including but not limited to battery-powered leaf blowers and cordless rechargeable leaf blowers.
2. “Gas-powered leaf blower” means any leaf blower, leaf vacuum or other leaf-gathering device directly powered by an internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fluid. Lawn mowers, lawn edgers and electrically powered leaf blowers are not included in this definition. (Ord. 753 § 2 (Exh. A), 2021).
8.21.020 Use of leaf blowers – Prohibited.
A. Notwithstanding any other provision in the Calistoga Municipal Code to the contrary, in, on or upon any and all properties and areas within the City’s corporate boundaries:
1. It is unlawful for any property owner (including the City) or tenant or any employee, agent or contractor working for a property owner or tenant to operate or authorize the operation of a gas-powered leaf blower at any time for any purpose.
B. Notwithstanding any other provision in the Calistoga Municipal Code to the contrary, in, on or upon any and all properties and areas within the City’s corporate boundaries:
1. It is unlawful for any property owner (including the city) or tenant or any employee, agent or contractor working for a property owner or tenant to operate or authorize the operation of any electrically powered leaf blowers at any time for any purpose except as follows:
a. It shall be lawful to operate and/or authorize the operation of electrically powered leaf blowers during the following days and hours: Monday through Saturday, 8:00 a.m. to 7:00 p.m. and Sunday 12:00 p.m. to 4:00 p.m., except on City-designated holidays.
2. The operation of leaf blowers shall comply with noise limits set by Chapter 8.20 CMC.
3. No leaf blower shall be operated in a manner that directs dust and debris onto any neighboring parcel or public street. (Ord. 753 § 2 (Exh. A), 2021).
8.21.030 Penalties.
A. A violation of any provision of this chapter shall be subject to administrative enforcement under Chapter 1.08 CMC in addition to any other enforcement remedies available under law and this code. Notwithstanding any provision to the contrary in Chapter 1.08 CMC, for purposes of enforcement of this chapter under Chapter 1.08 CMC, a “responsible party” shall only include a person who uses or operates, or a property owner or business that permits the use or operation of, a leaf blower in violation of this chapter.
B. A violation of any provision of this chapter shall constitute a public nuisance. (Ord. 753 § 2 (Exh. A), 2021).