11.96.020 Leaf blowers - Restrictions on use.

a. As used in this section, the following terms shall have the meanings set out below:

(1) "Leaf blower" means any device, and its associated equipment, designed or operated to produce a current of air generated by a power source to push, propel, or blow leaves, dust, cuttings, refuse, or any other waste or debris material. Street sweeping vehicles are not leaf blowers.

(2) "Continuous airborne sound" is sound which is measured by the slow response setting of a meter manufactured to the specifications of A.N.S.I. Standard S1.4-1983 "Specification for Sound Level Meter" or the most recent revision thereof.

(3) "Real property line" is either - (a) the imaginary line, including its vertical extension, that separates one parcel of real property from another, or (b) the vertical and horizontal boundaries of a dwelling unit that is one in a multi-dwelling unit building.

c. It is unlawful for any person to operate a leaf blower that is capable of producing continuous airborne sound that exceeds 62 dBA measured at fifty feet in any direction.

d. It is unlawful for any person to operate any leaf blower to push, propel or blow leaves, dust, weeds, cuttings, refuse or any other waste or debris material into the air in a manner which allows them to settle on public property or on private property not belonging to the same owner of the property on which the blower is being operated. Any materials so pushed, propelled or blown shall be gathered and removed immediately by the person operating the leaf blower.

e. This section does not authorize any activity or environmental harm or impact, including noise or air pollution, that would otherwise be a harm, hazard, nuisance, or trespass, or violate any other law.

f. Public agencies, including the city of Pacific Grove, shall fully comply with the provisions of this section.

g. A violation of this section shall be an infraction. (Ord. 01-03,2001).

Editor's Note: Section 2 of Ordinance 01-03, effective January 1, 2002, provides as follows:

"The police department shall obtain and maintain properly calibrated sound pressure (decibel) meters. Appropriate police personnel shall receive training in the use of sound pressure (decibel) meters."