VOTED: That Title V, Article 12 of the Town Bylaws (“Regulations Upon the Use of Private Property”), “Noise Abatement” Section 3(D) “Use of Leaf Blowers Powered By Internal Combustion Engines” is hereby amended as set forth below:

TITLE V ARTICLE 12

NOISE ABATEMENT

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Section 3.      Daytime-Only Activities

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D.   Use of Leaf Blowers Powered By Internal Combustion Engines and Transition to Electric Powered Leaf Blowers

 

1.  For purposes of Paragraphs 1-5 of this subsection, the term, “leaf blowers”   shall mean “gas-powered leaf blowers used for commercial or municipal purposes.” For purposes of this subsection, the following terms shall be defined as follows:

(a)    “Leaf blower”- Any powered machine used to blow leaves, dirt and other matter by forced air for landscape  maintenance.

 

(b)    “Gas powered leaf blower” – A leaf blower powered by gas or gas and oil.

 

(c)     “Electric leaf blower” – A leaf blower powered by attaching a cord to an electricity source or rechargeable  batteries.

 

(d)    “Commercial    landscaper”    –    A    person    or                           entity               that      receives compensation to utilize landscaping equipment on another’s  property.

 

(e)     “Resident” – The legal owner of record of real property, as listed by the tax assessor’s records, operating on their own property;  tenants operating on the property for which they hold a lease; and condominium associations operating on condominium  property.

 

(f)     “The Town” – Town of Arlington municipal employees, operating on municipal property.

 

2.    The use of gas-powered leaf blowers is prohibited between June 15th and September 15th except in accordance with the following restrictions, transition and phase out schedule as set forth below. which shall not apply to the use of leaf blowers to perform emergency operations or for clean-up associated with storms, hurricanes and the like:

 

     (a)    Commercial and Municipal Users Transition  Period

 

During the transition period from May 31, 2022 – March 15, 2025, gas powered leaf blowers may be operated by commercial landscape companies and the Town during the following  times:

 

(i)    Monday-Friday, 7:30 am – 5:30 pm;

(ii)   Saturdays, 8 am – 4 pm;

(iii)  Use is prohibited on Sundays and Legal  Holidays.

 

Electric powered leaf blowers may be operated by commercial landscape companies and the Town during the following  times:

 

(i)    The full calendar year;

(ii)    Monday-Friday, 7:30 am – 5:30 pm;

(iii)   Saturdays, 8 am – 4 pm;

(iv)   Use is prohibited on Sundays and Legal  Holidays

 

(b)    Commercial and Municipal Users Phase  Out

As of March, 15, 2025, all use of all gas powered leaf blowers by commercial landscape companies and the Town shall be prohibited, but for the following exemptions:

 

(i) The Town may use wheeled leaf blowers powered by four- stroke engines for the purposes of clearing the Minuteman Bikeway and other municipal property;

(ii)  The Town may use gas powered leaf blowers under emergency conditions.

 

(c)     Resident Users Transition Period

 

During the transition period from May 31, 2022 – March 15, 2025, gas powered leaf blowers may be operated by residents while on their own property during the following times:

 

(i)  March 15th – May 31st and September 15th – December  30th;

(ii)  Mondays through Fridays, 7:30 am – 6  pm;

(iii) Saturdays, Sundays and Legal Holidays, 8 am – 4  pm.

 

Electric powered leaf blowers may be operated by residents while on their own property during the following  times:

 

(i)  The full calendar year;

(ii)  Monday – Friday, 7:30 am – 6 pm;

(iii) Saturdays, Sundays and legal holidays, 8 am – 4  pm.

 

(d)    Resident Users Phase Out

 

As of March, 15, 2026, all use of all gas powered leaf blowers by residents shall be prohibited.

 

    (a) The         use        of        leaf        blowers        is                  prohibited           on:

(i)    Sundays and legal holidays;

(ii)    Mondays through Fridays except between the hours of 7:30 a.m. and 5:30 p.m.; and

(iii)    Saturdays except between the hours of 8:00 a.m. and 4:00  p.m.

 

(b)(e) No more than one leaf blower may be used on any lot of 6,000 square feet or smaller. One additional leaf blower may be used for each additional 6,000 square feet or portion thereof comprising one  lot.

 

(c)(f) Gas powered Lleaf blowers may be used for no more than 30 minutes at a time with shut down time of 15 minutes in between  operation.

3.  At no time shall any leaf blower be used in such a way as to permit the distribution of leaves, dust, or other debris beyond the vertically extended lines of the property on which the leaf blower is being used.

 

4.  Leaf blowers shall at all times be operated at the lowest possible practical speed necessary to accomplish the task for which they are being  used.

 

5.  As of June 15, 2014, or one year after the effective date of this Bylaw, whichever is later, no commercial landscaper, commercial landscape company, or other entity engaged in the business of providing home and yard repair, clean-up, and maintenance services for a fee shall use any leaf blower within the Town in the exercise of that business unless the manufacturer specifies that the sound emitted from said leaf blower is no greater than 74 dB(A) at 50 feet at full   throttle.

 

(ART. 2, STM – 4/24/13)

 

6.   The restrictions set forth herein shall not apply to homeowners and residents using leaf blowers to perform private home and yard repair, clean-up, and maintenance on residential property they own or control. Such residential use of  leaf blowers of any kind shall be subject to Section 3(A) of this Bylaw (“Daytime- Only Activities”).””

 

 6.     Enforcement

 

(a)    This bylaw shall be enforced by the Board of Health;

 

(b)    Violations of this bylaw shall be subject to the following penalties:

 

(i)  For the first violation in a calendar year, a written warning shall be issues and education on the bylaw will be provided to resident and commercial landscaper, if applicable;

(ii) For the second violation, a fine of $100 shall be given to both the resident and commercial landscaper, if applicable;

(iii) For each subsequent violation in a calendar year, a fine of $200 shall be given to the resident and commercial landscaper, if applicable;

 

(c) Reporting of Violations – Violations may be reported by any person who observes a gas-powered leaf blower in use in the Town, in violation of this bylaw, with appropriate evidence to support the claim. Witnesses to violations of this bylaw may submit a complaint to the Board of Health that must include:

 

(i)  The name of the commercial landscaper or resident alleged to have violated this bylaw;

(ii) The location of the alleged violation;

(iii)  The date and time of the alleged violation;

 (iv)  Any additional identifying information regarding the use of the gas-powered leaf blower.