HomeMy WebLinkAbout116-O-21 Amending the City of Evanston's Leaf Blowers from 9-5-20 Noises Prohibited and to add the Leaf Blower Policy to Title 8, Health and Sanitation11/8//21
116-O-21
AN ORDINANCE
Amending the City of Evanston’s Leaf Blower Policy to Remove Leaf
Blowers from 9-5-20, “Noises Prohibited” and to add the Leaf Blower
Policy to Title 8, “Health and Sanitation”
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 9-5-20, “Noises Prohibited” of the Evanston
City Code of 2012, as amended, is hereby further amended as follows:
9-5-20. – NOISES PROHIBITED.
(D) Drums; Hammers; Blowers.
4. Leaf Blowers: A person may use any backpack mounted or handheld gasoline
powered leaf blower type of machine only during the following days of each year:
March 30 to May 15; and
October 15 to the first Thursday of December.
A person may use any backpack mounted or handheld gasoline powered leaf
blower type of machine on those days only during the following times:
Monday through Friday, 9:00 a.m. to 5:00 p.m.
Saturday 12:00 p.m. to 4:00 p.m.
Leave flower usage is prohibited on all recognized City holidays.
Any person who uses a leaf blower or any person who permits the private or
commercial use of a leaf blower on their property during restricted days or times,
shall be fined one hundred dollars ($100.00).
SECTION 2: That Title 8, “Health and Sanitation” of the Evanston City
Code of 2012, as amended is hereby further amended to add as follows:
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CHAPTER 26 –LEAF BLOWERS.
8-26-1. – TITLE.
This Chapter shall be titled and referred to as the “Leaf Blower Ordinance.”
8-26-2. – PURPOSE AND INTENT.
The purpose of this Chapter is to promote sustainable landscape practices in the
City of Evanston by transitioning from the use of gas-powered leaf blowers to the use of
electric leaf blowers by April 1, 2023.
8-26-3. - DEFINITIONS.
For purposes of this Chapter, the words and terms listed shall have the meanings
ascribed to them in this Section:
ELECTRIC LEAF
BLOWER.
Any leaf blower that is powered solely by electricity.
GAS POWERED
LEAF BLOWER.
Any leaf blower that is powered by gasoline or propane.
PORTABLE
GENERATOR
Includes both stand-alone fossil fuel powered generators and
generators powered by vehicle engines.
8-26-4. – USE OF LEAF BLOWERS BEFORE APRIL 1, 2023.
Before April 1, 2023, gasoline-powered or propane-powered leaf blowers may be
used only during the following days of the year:
March 30 to May 15; and
October 15 to the first Thursday in December
There are no seasonal restrictions on the use of electric leaf blowers.
8-26-5 – USE OF LEAF BLOWERS AFTER APRIL 1, 2023
The use of gasoline-powered or propane-powered leaf blowers is not permitted after
April 1, 2023.
Electric leaf blowers may continue to be used with no seasonal restrictions.
The use of portable generators to power electric leaf blowers or to recharge leaf blower
batteries is not permitted.
8-26-6. – PERMITTED HOURS OF LEAF BLOWER USE.
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Permitted hours for the use of any leaf blower shall be as follows:
Monday through Friday 9:00 a.m. to 5:00 p.m.
Saturday 9:00 a.m. to 4:00 p.m.
Sunday 12:00 p.m. to 4:00 p.m.
Leaf blower usage is prohibited on all recognized City holidays.
8-26-7. – USE OF LEAF BLOWERS FOR SPRAYING PESTICIDE PROHIBITED.
The use of any type of blower to spray pesticide is prohibited.
8-26-8. – EXCEPTIONS.
The provisions of this Chapter shall not apply to:
City baseball fields and artificial turf fields;
In play areas of golf courses;
Construction projects involving paving, repair, or patching of public streets.
8-26-9. – PENALTIES.
Any person who uses a leaf blower or permits the private or commercial use of a
leaf blower on their property in violation of this Chapter shall be subject to the following
penalties:
First Offense: Written Warning.
Second Offense: $100.00 fine.
Third Offense: $150.00 fine.
Fourth Offense: $200.00 fine.
Five and any subsequent offenses: $250.00 fine.
SECTION 3: That the findings and recitals contained herein are declared
to be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Complied Statues and the courts of the State of Illinois.
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SECTION 4: That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 5: That this Ordinance 116-O-21 shall be in full force and effect
from and after its passage, approval and publication in the manner provided by law.
SECTION 6: That if any provision of this Ordinance 116-O-21 or
application thereof to any person or circumstance is ruled unconstitutional or otherwise
invalid, such invalidity shall not affect other provisions or applications of this Ordinance
116-O-21 that can be given effect without the invalid application or provision, and each
invalid provision or invalid application of this Ordinance 116-O-21 is severable.
Introduced:_________________, 2021
Adopted:___________________, 2021
Approved:
__________________________, 2021
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation
Counsel
November 08
November 08 11/10