HomeMy WebLinkAbout60-O-24, "Leaf Blower Ordinance," Amending Title 8, Chapter 26, Leaf Blowers6/24/2024
60-O-24
LEAF BLOWER ORDINANCE
Amending Title 8, Chapter 26, Leaf Blowers
WHEREAS, in November 2021, the City Council adopted updates to the
City’s Leaf Blower Ordinance which banned the use of gasoline or propane -powered
leaf blowers after April 1, 2023 in order to reflect the City’s adopted Climate Action
Resilience Plan (CARP), which amongst its goals highlighted phasing out use of
gasoline and propane-powered leaf blowers; and
WHEREAS, on March 25, 2024, the City Council directed City staff to
present a leaf blower enforcement update and recommended exceptions and
amendments to the current Leaf Blower Ordinance at the City Council meeting in June
2024; and
WHEREAS, a number of difficulties were identified in the course of the
ban, such as financial obstacles for small businesses to comply, communication and
language barriers, exceptions allowed to the City, matters of enforcement, and equity
issues; and
WHEREAS, in order to address the above, City staff has recommended
requiring registration of all landscaping companies performing work within the City
utilizing leaf blowers and establishing a fine structure for those who are non -compliant,
along with streamlining and revision of the registration form and providing a version of
the form in Spanish; and
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WHEREAS, to ensure consistency in application as it relates to the
established exemptions, City staff has recommended an exemption to not only the City
but also all other entities or landscapers who perform listed activities under the section.
City staff has recommended exempting all athletic fields and not just City baseball
fields; and
WHEREAS, City staff will continue to revisit this Ordinance and
recommend amendments as more efficient electric leaf blowers are developed and
arrive on the market.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Title 8, Chapter 26, “Leaf Blowers” of the Evanston City
Code of 2012, as amended (“City Code”), is hereby amended as follows:
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:
ATHLETIC FIELD. An athletic field is a playing field or sports ground with an open
space used for organized sporting events and physical activities
including but not limited to football, soccer, baseball, rugby,
lacrosse, tennis, athletics or similar sports. The field is typically
covered with natural grass or artificial turf, and other contains
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specific markings and equipment such as fencing, goalposts and
netting that are necessary for the particular sports being played.
Athletic fields in his definition includes those associated with
schools, universities, City recreation fields and athletic clubs, but
does not include private residences.
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.
Permitted hours for the use of any leaf blower shall be as follows:
Monday through Friday 7:00 a.m. to 9:00 p.m.
Saturday 8:00 a.m. to 5:00 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.
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The provisions of this Chapter shall not apply to:
City baseball fields All athletic fields and artificial turf fields;
In play areas of golf courses;
All construction projects involving paving, repair, or patching of public streets.
8-26-9. - PENALTIES.
(A) 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
Fifth and any subsequent offenses: $250.00 fine
(B) All landscaping companies operating with an electric leaf blower are
required to register with the City of Evanston. Any landscaping in violation of this
Chapter shall be subject to the following penalties. A separate offense shall be
deemed committed for each day that a violation continues.
First offense Written Warning
Second offense: $150.00 fine
Third offense and subsequent offenses $250.00
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
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Introduced:_________________, 2024
Adopted:___________________, 2024
Approved:
__________________________, 2024
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Alexandra B. Ruggie, Corporation
Counsel
July 08
July 08 July 08
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