Chapter 6.110
PROHIBITION OF GAS-POWERED LEAF BLOWERS1
Sections:
6.110.010 Purpose and findings.
6.110.010 PURPOSE AND FINDINGS.
The city council finds and expressly declares as follows:
1. The purpose of this addition to the Santa Cruz Municipal Code is to reduce greenhouse gas emissions and promote the general health, safety, and welfare of city residents by prohibiting the use of gas-powered leaf blowers within Santa Cruz city limits.
2. Strong evidence indicates that gasoline-powered leaf blowers can significantly harm the general health, safety, and welfare of residents. These blowers release substantial amounts of carbon emissions annually. Additionally, their two-stroke engines, which require a mixture of gasoline and oil, produce excessive pollution in various forms, including liquid and solid particulate matter, ozone, carbon monoxide, nitrogen oxides, and hydrocarbons.
3. Santa Cruz is already experiencing the negative impacts of climate change which present various threats to the health and well-being of Santa Cruz communities such as displacement, coastal erosion, and flooding.
4. Carbon emissions from gasoline-powered leaf blowers further exacerbate the climate change impacts that the city of Santa Cruz is currently experiencing.
5. Advancements in the development of electric-powered leaf blowers and increased battery capacity have made these electric models a viable and cost-effective alternative to gasoline-powered leaf blowers.
(Ord. 2024-10 § 1, 2024).
6.110.020 DEFINITIONS.
The following words and phrases, whenever used in this section, shall have the meanings defined herein:
1. “Leaf blower” means a machine, powered by an internal combustion engine or electric motor, used to blow, displace or vacuum leaves, dirt, and/or debris.
2. “Gas-powered leaf blower” means any leaf blower directly powered by an internal combustion engine using gasoline, diesel, or other volatile fuel.
3. “Internal combustion” means a method of producing power where gasoline, alcohol, or other liquid fuel is combusted within an engine.
4. “Authorize” means to allow, with or without express permission. Authorizing the operation of a gas-powered leaf blower includes but is not limited to the following scenarios:
a. Hiring any person to perform landscaping services who uses a gas-powered leaf blower to effectuate those services, with or without the knowledge of the hirer.
b. Providing a gas-powered leaf blower to another person for use.
c. Operating a gas-powered leaf blower.
d. Renting or leasing to a tenant who operates or hires any person who operates a gas-powered leaf blower on the property.
(Ord. 2024-10 § 1, 2024).
6.110.030 PROHIBITIONS.
1. It is prohibited for any property owner to authorize the operation of a gas-powered leaf blower at any time for any purpose on the property they own.
2. The property owner shall be the party responsible for any violations of this chapter that occur on their property.
3. No property owner shall authorize the use of any leaf blower, gas-powered or otherwise, without taking reasonable precautions to avoid depositing dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris onto a neighboring property or into a street, sidewalk, gutter, or storm drain.
4. No property owner shall authorize the use of an internal combustion generator to charge batteries for, or, provide power to, leaf blowers.
(Ord. 2024-10 § 1, 2024).
6.110.040 ENFORCEMENT.
1. Any individual may report a suspected violation of this chapter.
a. Suspected violations will be reported to the planning and community development code compliance division through the planning and community development department’s website complaint portal or by telephone.
b. When a complaint is received a written courtesy notice shall be issued to the responsible party who allegedly authorized the use of gas-powered leaf blowers. The courtesy notice will specify the alleged violation and possible penalties in the event of future violations and include information on incentives available for compliant leaf blowers. The responsible party will be required to sign and return an affidavit that will be included with the courtesy notice. The affidavit will declare that the responsible party has been put on notice of the ordinance and the possible penalties of violating this chapter.
2. Any violations of the prohibitions contained in this chapter shall be punishable by any provision contained in Title 4.
a. The enforcement mechanisms of this chapter may include but are not limited to the following:
(1) Public and private nuisance abatement proceedings pursuant to Chapters 4.18 and 4.30.
(2) Administrative citations with penalties increasing at a rate pursuant to Chapter 4.14.
(3) Civil penalties assessed per violation subject to notice and hearing procedures pursuant to Chapter 4.12.
(4) Criminal prosecution pursuant to Chapter 4.04.
(Ord. 2024-10 § 1, 2024).
6.110.050 EXEMPTIONS.
This chapter shall not apply to:
1. The maintenance of parcels of ten acres or more. Parcels owned or maintained by homeowners’ associations that, in the aggregate, are ten acres or more shall not be exempt from this chapter.
2. The maintenance of the designated parks, greenways and open spaces listed here: DeLaveaga Park, Depot Park, Harvey West Park, Neary Lagoon, San Lorenzo Park, Rail Trail, University Terrace Park, Riverwalk, and West Cliff.
3. Use of gas-powered leaf blowers is exempt from this chapter when utilized by or at the direction of emergency responders for the purposes of responding to an emergency, or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm.
(Ord. 2024-10 § 1, 2024).
6.110.060 SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The city council hereby declares that it would have adopted the ordinance codified in this chapter, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
(Ord. 2024-10 § 1, 2024).
6.110.070 EFFECTIVE DATE.
The prohibitions of this chapter shall become effective on January 1, 2025.
(Ord. 2024-10 § 1, 2024).
Code reviser’s note: This chapter takes effect on January 1, 2025.