5907 E. Valley Forge Dr., Orange, CA 92869
LEAF BLOWERS: NEED COMMENTS & SPEAKERS @ CITY COUNCIL MEETING
Tue, March 14, 2023 6PM - 9PM
Orange City Hall, 300 E Chapman Ave, Orange, CA 92866 map
LEAF BLOWER NOISE ORDINANCE IS OFFICIALLY AN AGENDA ITEM FOR THE CITY COUNCIL MEETING ON TUESDAY, MARCH 14, 6PM!
WE NEED CONCERNED CITIZENS TO ATTEND THE MEETING AND SPEAK USING THE BELOW TALKING POINTS. EMAIL jrobinson@naturalist-for-you.org, if you can attend.
FOLLOW THE LINK TO SUBMIT COMMENTS ONLINE.
5.2. Proposed amendment to Orange Municipal Code Chapter 8.26 "Leaf Blowers" (Gyllenhammer) - https://cityoforange.granicusideas.com/meetings/1282-city-council/agenda_items/640a6fcdf395e71609008a8f-5-dot-2-proposed-amendment-to-orange-municipal-code-c
TALKING POINTS (COURTESY OF JEREMY LIVERMORE, CONCERNED RESIDENT WHO IS NEGATIVELY IMPACTED BY LEAF BLOWERS):
“the law is unenforceable in practice because measuring decibel levels at a particular distance entails the code enforcement officer stay exactly 50ft away while the landscaper moves about a property in random patterns. This is impossible to do when there is dangerous street traffic or when the landscaper goes into a backyard. It’s also unenforceable because landscapers know that code enforcement isn’t always around and therefore can remain comfortable revving the engine up to the highest volume for the greatest power. This wild west behavior victimizes neighbors including babies at neighborhood day cares, elderly going on walks, people recovering from illness, people talking to each other outside, etc.”
“In order to enforce this law, the city code enforcement officer would need to perform some very difficult decibel measuring from 50ft away. Because the landscaper is constantly moving around a front yard, the city official would have to walk around in the street exactly 50ft away from the landscaper, keeping in step with the landscaper’s movements. This is rather difficult and awkward to do, especially on a busy street with lots of cars that can hit a city official. For backyards, such measuring would be impossible as the house would block the sound to the city official in the front of the house. Moreover, from the landscaper’s perspective, its not enforceable. If a code enforcement officer shows up, they keep the machine at the low throttle quieter setting. Once he leaves, they rev up engine to highest level. As long as the officer doesn’t show up, the landscaper produces noise at the highest level.”
Many cities like ours, with partial bans dating back to the 80’s and 90’s, have recently changed their decades old laws to prohibit all gas-powered blowers or prohibit the use of gas-powered blowers rated for more than 65decibels. These laws in 60 California cities are far more effective than our 1993 leaf blower law with its glaring deficiencies.
The first deficiency is that our prohibition threshold of 70decibel @ 50ft away is way too high. 90% of blowers in use today are rated for at least 72decibels which create 112 decibels at the operator’s ear (which is equivalent to sound at a front row of a rock concert) and create 93 decibels at the bystander’s ear when walking 5ft away (which is equivalent to an ambulance siren at 100ft away or a food blender near the ear). Most importantly, the noise from a pulsing gas-powered leaf blower is one of the most annoying sounds one can hear.
The second deficiency is that the enforcement method in the law is unenforceable in practice. I invite the council to read my written statement from February and this month to see why the current law is unenforceable in practice.
These proposed changes will ensure our law becomes effective:
1st Lower the threshold to 65decibels. This 5decibel reduction is equivalent to a 25% reduction in volume due to the logarithmic decibel scale.
2nd Replace decibel measuring with the simple checking of the actual blower’s rating. Use of any blower rated for higher is subjected to the penalty.
3rd Include a sentence that copies the City of L.A. code’s wording that has the homeowner or hiring individual as a responsible party and subjected to the same penalty. This will engage the homeowner as an ally and reduce code enforcement visits.
The purchase of new compliant blowers rated for <65decibels will be easy to stomach by landscapers and homeowners due to the vouchers and rebates available by our state government agencies. Through the California CORE program, a landscaper can receive Point of Sale Vouchers for 70% the cost of new equipment. Additionally, through the South Coast AQMD Rebate Program, a landscaper can receive a 50% discount or a rebate of up to 75%. Lastly, there are small business tax deductions a landscaper can claim on his taxes for new equipment.
PETITION: https://www.change.org/BanLeafBlowersOrange
WE NEED CONCERNED CITIZENS TO ATTEND THE MEETING AND SPEAK USING THE BELOW TALKING POINTS. EMAIL jrobinson@naturalist-for-you.org, if you can attend.
FOLLOW THE LINK TO SUBMIT COMMENTS ONLINE.
5.2. Proposed amendment to Orange Municipal Code Chapter 8.26 "Leaf Blowers" (Gyllenhammer) - https://cityoforange.granicusideas.com/meetings/1282-city-council/agenda_items/640a6fcdf395e71609008a8f-5-dot-2-proposed-amendment-to-orange-municipal-code-c
TALKING POINTS (COURTESY OF JEREMY LIVERMORE, CONCERNED RESIDENT WHO IS NEGATIVELY IMPACTED BY LEAF BLOWERS):
“the law is unenforceable in practice because measuring decibel levels at a particular distance entails the code enforcement officer stay exactly 50ft away while the landscaper moves about a property in random patterns. This is impossible to do when there is dangerous street traffic or when the landscaper goes into a backyard. It’s also unenforceable because landscapers know that code enforcement isn’t always around and therefore can remain comfortable revving the engine up to the highest volume for the greatest power. This wild west behavior victimizes neighbors including babies at neighborhood day cares, elderly going on walks, people recovering from illness, people talking to each other outside, etc.”
“In order to enforce this law, the city code enforcement officer would need to perform some very difficult decibel measuring from 50ft away. Because the landscaper is constantly moving around a front yard, the city official would have to walk around in the street exactly 50ft away from the landscaper, keeping in step with the landscaper’s movements. This is rather difficult and awkward to do, especially on a busy street with lots of cars that can hit a city official. For backyards, such measuring would be impossible as the house would block the sound to the city official in the front of the house. Moreover, from the landscaper’s perspective, its not enforceable. If a code enforcement officer shows up, they keep the machine at the low throttle quieter setting. Once he leaves, they rev up engine to highest level. As long as the officer doesn’t show up, the landscaper produces noise at the highest level.”
Many cities like ours, with partial bans dating back to the 80’s and 90’s, have recently changed their decades old laws to prohibit all gas-powered blowers or prohibit the use of gas-powered blowers rated for more than 65decibels. These laws in 60 California cities are far more effective than our 1993 leaf blower law with its glaring deficiencies.
The first deficiency is that our prohibition threshold of 70decibel @ 50ft away is way too high. 90% of blowers in use today are rated for at least 72decibels which create 112 decibels at the operator’s ear (which is equivalent to sound at a front row of a rock concert) and create 93 decibels at the bystander’s ear when walking 5ft away (which is equivalent to an ambulance siren at 100ft away or a food blender near the ear). Most importantly, the noise from a pulsing gas-powered leaf blower is one of the most annoying sounds one can hear.
The second deficiency is that the enforcement method in the law is unenforceable in practice. I invite the council to read my written statement from February and this month to see why the current law is unenforceable in practice.
These proposed changes will ensure our law becomes effective:
1st Lower the threshold to 65decibels. This 5decibel reduction is equivalent to a 25% reduction in volume due to the logarithmic decibel scale.
2nd Replace decibel measuring with the simple checking of the actual blower’s rating. Use of any blower rated for higher is subjected to the penalty.
3rd Include a sentence that copies the City of L.A. code’s wording that has the homeowner or hiring individual as a responsible party and subjected to the same penalty. This will engage the homeowner as an ally and reduce code enforcement visits.
The purchase of new compliant blowers rated for <65decibels will be easy to stomach by landscapers and homeowners due to the vouchers and rebates available by our state government agencies. Through the California CORE program, a landscaper can receive Point of Sale Vouchers for 70% the cost of new equipment. Additionally, through the South Coast AQMD Rebate Program, a landscaper can receive a 50% discount or a rebate of up to 75%. Lastly, there are small business tax deductions a landscaper can claim on his taxes for new equipment.
PETITION: https://www.change.org/BanLeafBlowersOrange