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The original item was published from 1/8/2023 1:39:06 PM to 1/15/2023 12:00:00 AM.

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News & Town Board Reports (gblist)

Posted on: January 8, 2023

[ARCHIVED] Public Hearing Wed night on proposal to ban leaf blowing Tuesdays and Thursdays

a one year compromise proposal

LEAF BLOWER HOLIDAY -NO LEAF BLOWERS ON TUESDAY AND THURSDAYS
PUBLIC HEARING JANUARY 11 IN GREENBURGH
Leaf blowers are and have been the subject of much controversy over the years.  Many people hate the loud, irritating noise that remind people of  jumbo jets at liftoff. More than 100 cities in the nation have imposed complete or partial bans. The village of Scarsdale and other communities have   banned gas powered leaf blowers.

The Greenburgh Town Board has held many hearings on the subject - some people want us to adopt a strong leaf blower ban, others don't want the town to tell them what to do on their property. The Board has scheduled a public hearing for this Wed January 11th after 7:30 PM on a compromise proposal:

 A leaf blower holiday -on Tuesdays and Thursdays. No leaf blowing on those two days. Blowers would also not be allowed on state and federal holidays. Leaf blowing  would be allowed on other days. Limited hours on weekends.  The proposed law will be in place for only one year. During the year the Board will review the impact of the law and then decide whether to extend the law, repeal the law or modify the legislation.  A leaf blower holiday would provide residents with peace and quiet two days a week--giving residents a chance to look forward to days of calm.

  Your thoughts are welcome.  PUBLIC HEARING  GREENBURGH TOWN HALL January 11, 2023  AFTER 7:30 pm (PROBABLY CLOSER TO 8:30 ON Wednesday).

Please e mail townboard@greenburghny.com with your thoughts.
PAUL FEINER
 Greenburgh Town Supervisor

 

 

 

                TOWN of GREENBURGH

 

             Local Law No.      /2023

 

 

 

 

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.         Definition.

§ 4.         New Chapter 374

§ 5.      Expiration

§ 6.         Severability.

§ 7.         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 May 1, 2023 to December 1, 2023 and to 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.         Definition.

 

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.

 

 

 

§ 4.        New Chapter 374

 

1.            Restrictions on Use of Blowers.

 

(a)          Beginning on May 1, 2023 to and including December 1, 2023, blowers may not be used at any time except during the following periods:   (i) Mondays, Wednesdays and Fridays during the hours 9:00 am to 5:00 pm, and (ii) weekends during the hours 11:00 am to 4:00 pm when used by or on behalf residents of, or individuals renting, the property on which the blower is used. Operation of blowers in excess of 75 dBA measured 50 feet from the property line is prohibited at all times. Town Public Works and Parks and Recreation Department employees are authorized to operate yard and leaf blowers during the hours between 8:00 am and 4:00 pm on days that use of blowers are permitted.

 

(b) Blowers may not be used on any federal or state holiday.


       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.


§5.       Expiration.

 

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

 

 

§ 6.         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.

 

§7.          Effective Date

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

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