HomeMy WebLinkAbout1932 ORDINANCE No. 1932
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043
AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF
THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD,
UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES,
PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE
CITY AS A PER SE NUISANCE COMMENCING ON
JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF
ELECTRICAL OR BATTERY POWERED LEAF BLOWERS.
City Attorney Summary
This Ordinance prohibits the use of gasoline powered leaf blowers in the
City commencing on January 1, 2019, and provides for the regulation of
electrical or battery powered leaf blowers.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. The City Council hereby makes the following factual findings: (i) as
of the date of this Ordinance's adoption, there is no technology or practice that will
prevent gasoline powered leaf blowers from constituting a "noise disturbance" as that
term is defined under the Palm Springs Municipal Code, and (ii) to mitigate potentially
undesirable logistic impacts of this Ordinance, and accomplish the gradual acceptance
of the requirements of this Ordinance by all parties as desired by the Council, the City
should issue warnings as to violations after this Ordinance's effective date, but should
issue no citation for any violation hereof until 12:01 am on April 1, 2019.
SECTION 2. Add Subdivision (k) to Section 11.74.043 to Chapter 11 .74 of
the Palm Springs Municipal Code, re "Loud, Unusual Noises," to read:
(k) Gasoline Powered Leaf Blowers.
The use of gasoline powered leaf blowers, to produce a current of air and
thereby push, propel or blow cuttings, refuse or debris, or otherwise shall
be prohibited within the corporate limits of the City.
SECTION 3. Add Section 5.78.050 to Chapter 5.78 of the Palm Springs
Municipal Code, re "Landscape Related Businesses," to read:
The City Manager, or his/her designee is hereby authorized and directed to adopt
guidelines for the proper use of electrical or battery powered leaf blowers, which
guidelines shall prohibit blowing debris onto adjacent properties or into adjacent
streets, and promote the safe and efficient use of leaf blowers while also mitigating, to
the extent possible, the noise and nuisance effects of Leaf blowers. The Finance
Department is hereby directed to provide a copy of this Ordinance and the leaf blower
Ordinance No. 1932
Page 2
guidelines to each person obtaining a City business license for the operating of a
gardening or landscape maintenance service or business within the City.
SECTION 4. Amend Section 5.78.010 in Chapter 5.78 of the Palm Springs
Municipal Code, re "Landscape Related Businesses," to read:
The purpose and intent of this chapter is to promote the public health, safety, and
general welfare by insuring that landscape related businesses operating within the city
understand and appreciate (i) the grass over-seeding alternative promoted by CVAG,
AQMD, and local stakeholders, which alternative eliminates the need for turf scalping,
serves as an important air quality control measure, and thereby enhances the local air
quality, and (ii) the City's determination that electrical or battery powered leaf blowers
authorized for use in the City of Palm Springs is an activity that must be regulated.
SECTION 5. Neither introduction nor adoption of this Ordinance represents a
"project" for purposes of the California Environmental Quality Act (CEQA), as that term
is defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is
an organizational or administrative activity that will not result in a direct or indirect
physical change in the environment, per section 15378(b)(5) of the Guidelines.
SECTION 6. The Mayor shall sign, and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of applicable law; this Ordinance shall
take effect at 12:01 am on January 1, 2019.
PASSED, APPROVED AND ADOPTE E PALM SPRINGS CITY
COUNCIL THIS 26th DAY OF JULY, 2017.
ROBERT MOON, MAYOR
ATTEST:
Kokl4 ?I•5-l'1
KATHLEEN D. HART, MMC —�
INTERIM CITY CLERK
Ordinance No. 1932
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Ordinance No. 1932 is a full, true and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 19th day of July, 2017, and
adopted at an adjourned regular and special meeting of the City Council held on the 26th
day of July, 2017, by the following vote:
AYES: Councilmembers Kors, Roberts, and Mayor Pro Tern Foat
NOES: Councilmember Mills and Mayor Moon
ABSENT: None
ABSTAIN: None
RECUSED: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK