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The original item was published from 5/4/2022 5:10:20 PM to 5/15/2022 12:00:01 AM.

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News & Town Board Reports (gblist)

Posted on: May 4, 2022

[ARCHIVED] compromise one year leaf blower ban subject to hearing on may 11

no leaf blowers 3 days a week
everyone can use leaf blower two days a week
only residents can use leaf blowers on weekends (no commercial allowed)
hearing Wed What do you think?

ONE YEAR COMPROMISE LEAF BLOWER LAW TO BE SUBJECT TO HEARING ON WEDNESDAY MAY 11 AT TOWN HALL AFTER 7 :30 pm


A compromise one year leaf blower law will be subject to a public hearing on Wednesday, May 11 at Greenburgh Town Hall after 7:30 PM.  This law bans all leaf blowers  three days a week from June 1st to October 15th. It's a test and a compromise. Exceptions: Tuesday and Thursday. Leaf blowers can be used. And on weekends only residential leaf blowers will be allowed--commercial will be prohibited.


Over the years many residents have complained about noise from leaf blowers. Other residents have highlighted the fact that they need to use leaf blowers on their property and don't want government to tell them they can't. Others have complained about health impacts from leaf blowers. This proposed law will provide all residents with a leaf blowr holiday three days a week and no commercial leaf blowing on weekends.


It's not a perfect proposal. If the legislation is approved the Board will have to take up the issue next year - and can make improvements.  If you'd like to express your thoughts please e mail townboard@greenburghny.com  The proposal will enable everyone to use the leaf blowers on certain days but also provides some noise relief for those who can't take the noise.

PAUL FEINER

Greenburgh Town Supervisor


A local law creating a new Chapter 374 entitled "Leaf Blowers; Regulation of Yard and Leaf Blowers" of the Town Code of the Town of Greenburgh pursuant to New York State Constitution Article IX and New York Municipal Home Rule Law § 10 creating a new chapter for the purpose of regulating the use of leaf and garden blowers.

BE IT ENACTED by the Town Board of the Town of Greenburgh:

§ 1.    Title
§ 2.    Legislative Findings
§ 3.    New Chapter 374
§ 4.    Expiration
§ 5.    Severability
§ 6.    Effective Date
      
§ 1.    Title.  This law is entitled "Leaf Blowers; Regulation of Yard and Leaf Blowers"

§ 2.    Legislative Findings.

For the promotion of public welfare, the Town Board of the Town of Greenburgh finds it necessary in the interest of the public health and safety and the protection of the natural environment as to both air and noise pollution to amend the Town Code by regulating the permissible use of leaf and garden blowers by residents and commercial contractors maintaining real property within the Town. The intent of this law is to regulate the use of blowers on a limited basis during the period June 1 - October 15, 2022 and provide a one-year period to develop a law which addresses residents' interest in being protected from involuntary exposure to air-borne particulates and involuntarily exposure to uncomfortable levels of noise, and the community's interest in healthy soil.

§ 3.   New Chapter 374.

 

     Chapter 374 as follows is hereby adopted.


1.    Restrictions on Use of Blowers.

 

(a)  For purposes of this chapter, blower shall mean any equipment, tool or other device which propels air for the purpose of blowing leaves, grass, waste or other debris, regardless of how the equipment, tool or device is powered.



(b)    Beginning on June 1, 2022 to and including October 15, 2022, blowers may not be used at any time except during the following periods:  (i) Tuesdays during the hours 9:00 am to 5:00 pm, (ii) Thursdays during the hours 9:00 am to 5:00 pm, and (iii) weekends during the hours 10:00 am to 5:00 pm when used by residents of the property on which the blower is used.


(c)  Blowers may not be used on legal holidays as determined and outlined on the federal government's holiday calendar.

2.   Suspension.

Upon a weather emergency as determined by the Town Board occurring or about to occur in the town, the Town Board may issue a directive ordering the restrictions provided by this Section to be suspended for the period of time specified in the directive.   The Town Board may, for cause, extend any suspension for a further specified period of time.   Such directives shall be posted on the Town website, and transmitted to the Police Department and Department of Community Development & Conservation.

3.    Educational Informational.

The Town shall have educational information regarding the environmental and health impacts of blowers prepared for the Town to post on its website and distribute to residents.

4.  Fines.

(a)   This law shall be enforced by the Greenburgh Police Department, the Department of Community Development & Conservation, the Building Department and such others as the Town Board may designate.

(b)    Any person operating a blower in violation of this chapter shall be subject to fines per occurrence as follows:

           For the first occurrence:  A written warning shall be issued, but no monetary fine shall be imposed.

           For the second occurrence:  $100

           For the third occurrence:  $ 250

           For each subsequence occurrence:  $ 500



If the owner or renter of the property on which the violation occurs is not the person operating the blower, such owner or renter shall also be subject to a separate fine in the same amount.

§4.  Expiration.

This law will automatically expire one year following from its effective date.

§ 5.    Severability.



The provisions of this local law are intended to be severable.  If any provision of this local law is found by a Court of competent jurisdiction to be unconstitutional or otherwise invalid, such findings shall not be deemed to invalidate the local law as a whole, nor any other section or provision thereof, other than that which is found to be unconstitutional or otherwise invalid.

§6.    Effective Date.



This local law shall take effect upon filing with the Secretary of State.

 

<Proposed Local Law - Regulating Yard and leaf Blowers-Revised andAmended 5-4-22 Final Version V4.doc.secure>


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