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HomeMy WebLinkAbout07/13/1995 B A K E R S F I E L D Randy Rowles, Chair Irma Carson Galen Chow Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, July 13, 1995 4:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF MAY 11, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. GAS POWERED LEAF BLOWERS B. COUNCIL RESIDENCY CHARTER AMENDMENT 6. NEW BUSINESS A. 1995-96 LEGISLATIVE PLATFORM 7. ADJOURNMENT FILE COPY B A K E R S F I E L D A an y, ity ~er fl Randy Rowles, Chair Staff: Trudy Slater / Irma Carson Galen Chow / AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Thursday, May 11, 1995 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Members present: Councilmember Randy Rowles, Chair; Councilmember Irma Carson; and Councilmember Galen Chow 2. APPROVAL OF APRIL 13, 1995 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. GAS POWERED LEAF BLOWERS Frank Fabbri, Parks Superintendent, handed out a memo on questions, answers, and points to consider when reviewing the leaf blower issue, including information on other cities throughout the Valley which were surveyed (Visalia, Tulare, Porterville, Merced, Fresno and Reedley). Five cities had a noise ordinance that included the uses of their blowers and a time restriction on the use in residential Agenda Summary Report Legislative and Litigation Committee May11, 1995 Page -2- areas. Only Visalia and Fresno had a decibel meter restriction. He indicated all cities had problems with enforcement. A City Parks staff concern is that it would take about four times as long to complete tasks with a broom or a hose which are now done with leaf blowers, which would require four or five more Parks people and cost the City an additional $100,000-$150,000. The City utilizes 35 blowers. Alan Tandy, City Manager, indicated that Police calls are prioritized, from higher priority life threatening issues to lower priority nuisance issues. Because leaf blower complaints would normally be a lower priority level, complainants might be unhappy because higher priority level calls would be responded to first, delaying responses to lower priority level calls. Chairperson Randy Rowles indicated that practical enforcement of any ordinance is a key issue. Judy Skousen, City Attorney, handed out a memo regarding regulating the use of leaf blowers in the City. She reported that there is no definitive California case on leaf blowers. A ban could possibly stand up on a complete ban of all kinds of equipment that exceeded certain decibels, but enforcement would be a problem. The most legally defensible approach would be to limit the hours of operation. Trudy Slater, Administrative Analyst, indicated that 440 gardeners are listed with the City's Business and Licenses section. Homeowners with leaf blowers would be impacted by restrictions as well as gardeners. Dawn Borden indicated that modifying the blowers regarding emissions and noise would be reasonable, but a total ban is completely out of the question. It would put people out of work and hurt them very seriously. She further indicated that without leaf blowers, customers would not receive the same level of service as with them. Joel Brent questioned the importance of a ban. Misuse of any tool is what makes it bad, not the tool itself. A passing truck can drown out the sound of the gardener's blower. The grounds that gardeners work with are sod and groundcover 95% of the time. The gardeners association feels that education is the way to go. They did a study of their own, and it was running them anywhere from 30-35% longer on the properties which equates to dollars charged. Agenda Summary Report Legislative and Litigation Committee May 11, 1995 Page -3- Bill Brimmer stated that the gardeners or blower owners want to keep their gardens and lawns clean. Restricting the hours of operation is an option. He feels that everybody should use a common sense approach. Manufacturers have come a long way in developing blowers that are much quieter, safer and more useful tools to be used correctly. Saving the taxpayers money is important, and manufacturers are trying to deal with the issues which have arisen regarding noise and the environment. Committee discussion ensued on time restrictions on leaf blowers, enforcement issues, whether the City's existing ordinance applies to leaf blower noise, and the need to educate gardeners on concerns raised about leaf blower usage and to find a common sense approach to resolve concerns. The City Attorney was asked to clarify in written form what is enforceable under the existing nuisance ordinance so that the Committee would have a better understanding. After the clarification was made, the Committee would, if necessary, readdress it for leaf blowers specifically. The Committee requested an education process be developed by staff to inform gardeners on leaf blower issues. 6. NEW BUSINESS Councilmember Carson asked whether the City had an ordinance regarding trees in the Oleander area and that the issue be placed on the next agenda. 7. ADJOURNMENT The meeting adjourned at 5:15 p.m. Staff Attendees: City Manager Alan Tandy; City Attorney Judy Skousen; Lee Andersen, Community Services Director; Frank Fabbri, Parks Superintendent; Allen Abe, Assistant Parks Superintendent; and Administrative Analyst Trudy Slater. Public Attendees: Dawn Borden, Borden's Lawn Care; Joel Brent, Aristocrat Lawn Service/Bakersfield Gardeners Association; Bill Brimmer, Bakersfield Tru-Power; Marc Benjamin, The Bakersfield Californian. TS:jp May 31, 1995 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: JUDY K. SKOUSEN, City Attorney ~ SUBJECT: ENFORCEMENT OF THE NUISANCE ORDINANCE RELATING TO LEAF BLOWERS I was asked to clarify what is enforceable under the existing nuisance ordinance for the Legislative and Litigation Committee. This request is made in relation to the question of addressing residents' complaints regarding leaf blowers. Section 9.22.010 of the Bakersfield Municipal Code states as follows: 9.22.010 Noise generally. A. It shall be unlawful for any person to willfully make or continue, or allow to be made or continued, any loud, unnecessary noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to persons residing within one thousand feet of the noise source. B. The standards which may be considered in determining whether a violation of the provisions of this section exists may include, but are not limited to, the following: 1. The level of the noise; 2. The level and intensity of any background noise; 3. The proximity of the noise to residential sleeping facilities; 4. The nature and zoning of the area within which the noise occurs; 5. The density of habitation of the area within which the noise occurs; 6. The time of the day or night the noise occurs; 7. The duration of the noise; 8. Whether the noise is recurrent, intermittent or constant. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE Memo to Mayor and Councilmembers Re: Enforcement of Nuisance Ordinance -Leaf Blowers May 31, 1995 Page 2 It may be argued that leaf-blowing does not fall within the definition of "unnecessary" noise. Such an argument might be that leaf blowing, similar to lawn mowing, is loud, but a necessary part of suburban life. Additionally, enforcement of this ordinance requires an officer of the enforcing agency to be able to personally hear and evaluate the level, extent, duration, character, etc. of the noise. The police department is the enforcing agency for this ordinance. The problem with enforcement against operators of leaf blowers is similar to that of enforcing the ordinance prohibiting barking dogs. Complaints must first be called in to the police department which, appropriately, does not consider such complaints a high priority. Response to such a call would typically be hours after the call was made, when the noise presumably would no longer be a problem. At that point, the officer has no means of determining the extent of the problem, or whether the noise fits the description set forth in the ordinance. Enforcement of the existing ordinance, therefore, is not an efficient means of addressing a noise problem related to leaf blowers. JKS/meg ms/co~m9s-~/n~mo~s.~ cc: Alan Tandy, City Manager Trudy Slater, Administrative Analyst Laura C. Marino, Assistant City Attorney THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BE THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE MEMORANDU TO: TRUDY SLATER, ADMINISTRATIVE ANALYST~/_ FROM: FRANK FABBRI, PARKS SUPERINTENDENT SUBJECT: GAS POWERED LEAF BLOWERS (BROCHURE-FLYERS) DATE: JULY 3, 1995 At the last Legislative and Litigation Committee meeting, on May 11, 1995, the leaf blower issue was addressed. Discussion centered around restricting their use to a total ban. The Committee felt enforcement would be difficult and an education process would be more practical. They requested input on a procedure to educate the gardeners and public. ' Staff is recommending the following: Develop an informational brochure outlining the ways to minimize complaints from the use of blowers. These brochures could be made available to commercial gardeners, landscape contractors, homeowners and others involved in landscape maintenance through one or more of the following channels: * Issuance or renewal of business licenses * Local Gardeners Association * Local members of the California Landscape'Contractors Association * Retail suppliers of blowers * Media * Other Public Agencies involved in landscape maintenance Information contained in the brochure would include the following: ** Power blowers are useful, versatile, and time saving machines - but improperly used, they can also cause noise and mess that annoy your customers, their neighbors and the public. Below are recommended rules that point out "smart" ways to use power blowers in an effort to keep your customers and community supportive of blowers. 1. Operate blowers only at reasonable hours - not early in the morning or late at night when people might be disturbed. Recommended hours of operation would be between 8:00 a.m. and 5:00 p.m. Monday through Saturday. 2' Be aware of the surroundings. Use common sense when directing the discharge nozzle towards people and private property. GAS POWERED LEAF BLOWERS--JUNE 29, 1995 2. Operate power blowers at the lowest possible throttle speed to do the job. Full throttle is not always necessary. Try running it at half or three-quarter throttle. 3. Watch out for pedestrians, children, pets, open windows or freshly washed cars; blow debris safely away. 4. Use the blower nozzle extension so the air stream can work close to the ground, minimizing complaints. 5. Do not blow debris into the street or onto property of others. 6. Be polite and promptly clean up debris. Attached is the above information on the Park Division's letterhead. Other alternatives would be to place the information on the Mayor's or the Community Services Department's letterhead. Parks staff has held meetings with the Park Maintainers to make them aware of the Citizens concerns and to also instructed them on the recommended usage for power blowers. cc: Alan Tandy, City Manager Lee Andersen, Community Services Manager Judy Skousen, City Attorney Allen Abe, Assistant Parks Superintendent July 1 995 DON'T LOSE YOUR PRIVILEGE Power blowers are useful, versatile, and time saving machines - but improperly used they can also cause noise and dust that annoy your customers, their neighbors and the general public. Some cities in California and other cities throughout the country have placed bans or restrictions on the use of power blowers. Below are recommended rules that point out 'smart' ways to use power blowers in an effort to keep your customers and community supportive of blowers. 1. Operate blowers only at reasonable hours - not early in the morning or late at night when people might be disturbed. Recommended hours of operation would be between 8:00 a.m. and 5:00 p.m. Monday through Saturday. 2. Be aware of the surroundings. Use common sense when directing the discharge nozzle towards people and private property. 3. Operate power blowers at the lowest possible throttle speed to do the job. Full throttle is not always necessary. Try running it at half or three-quarter throttle. 4. Watch out for pedestrians, children, pets, open windows or freshly washed cars; blow debris safely away. 5. Use the blower nozzle extension so the air stream can work close to the ground minimizing complaints. 6. Do not blow debris into the street or onto property of others. 7. Be polite and promperly clean up debris. THANK YOU, FRANK FABBRI Parks Superintendent 4101 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93309 (805) 326-3117