Ordinance No. 856Qe w
ORDINANCE NO. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS ADDING SECTIONS 13 -72.1
TO 13 -72.6 TO THE CODE OF THE CITY OF
CYPRESS ESTABLISHING RESTRICTIONS ON THE
OPERATION OF LEAF BLOWERS
WHEREAS, the use of electrical or gasoline powered
leaf and debris blowers within the City of Cypress creates a
noise which is bothersome to nearby residences and passers-
by; and,
WHEREAS, the use of said blowers causes dust and
other debris to be blown onto adjoining properties and onto
public streets and public rights -of -way; and,
WHEREAS, in order to control unnecessary, excessive
and annoying noise, dust and debris in the City of Cypress,
it is hereby declared to be the policy of the City to
regulate such noise, dust and other debris generated by the
use of leaf blowers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION L Sections 13 -72.1 to 13 -72.6 is hereby added
the Code of the City of Cypress to read as follows:
"Sec. 13 -72.1. Restrictions On Leaf Blower Operation;
Definitions.
As used in this Section, the following terms shall
have meanings as set forth below:
(a) "Leaf Blower" means any machine however
powered used to blow leaves, dirt and other
debris off sidewalks, driveways, lawns and
other surfaces.
(b) "Parcel" means an area of real property with a
separate or distinct number or other
designation shown on a plat recorded in the
office of the County Recorder. Contiguous
parcels owned by the same individual or entity
shall be considered one (1) parcel for
purposes of this Section.
Sec. 13 -72.2. Restrictions.
It shall be unlawful for any person within a
residential zone or within two - hundred (200) feet of a
residential zone to operate any type of leaf blower
within the City of Cypress except under the following
restrictions:
(a) Time Restriction - Notwithstanding Section 13-
70(i), leaf blowers shall not be operated
except between the hours of 8:00 a.m. and 6:00
p.m. Monday through Friday and 9:00 a.m. to
6:00 p.m. on Saturday;
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(b) Distance Restriction - Leaf blowers shall not
be operated within a horizontal distance of
ten (10) feet of any operable window, door, or
mechanical air intake opening or duct;
(c) Duration of Use Restriction - Leaf blowers
shall not be operated for more than fifteen
(15) minutes per hour on parcels less than
one -half acre and no more than thirty (30)
minutes per hour on parcels greater than one -
half acre.
(d) Number Restriction - No person shall operate
more than one (1) leaf blower per parcel.
Sec. 13 -72.3. Unlawful to Propel Debris Beyond
Parcel Boundary.
It shall be unlawful for any person to use or
operate any leaf blower in such a manner as to blow,
dispel, or make airborne, dust, leaves, grass cuttings,
paper, trash, or any other type of unattached debris or
material which by its use will cause said dust, leaves,
grass cuttings, paper, trash, or any other type of
unattached debris or material to become airborne or
travel beyond the parcel boundaries in which it is being
used to adjoining properties. It shall be unlawful for
any person to use or operate any leaf blower within the
City in such a way as to blow leaves, dirt, and other
debris onto the public rights -of -way and to allow the
material to remain there for more than fifteen (15)
minutes.
Sec. 13 -72.4. Exemptions.
The following are exempted from the operation of
this Section.
(a) Any publicly owned properties, including but
not limited to public schools, parks, fire
stations, etc.
(b) Privately owned schools.
Sec. 13 -72.5. Violations: Infractions.
Any person violating any of the provisions of this
Section is deemed an infraction and upon conviction
thereof, shall be fined in an amount not exceeding fifty
($50.00) dollars. Each day such violation is committed
or permitted to continue shall constitute a separate
offense and shall be punishable as such.
Sec. 13 -72.6. Violations - Additional Remedies -
Injunctions.
As an additional remedy, the operation of any leaf
blower in violation of any provision of this Section
which operation causes discomfort or annoyance to
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reasonable persons of normal sensitiveness or which
endangers the comfort, repose, health or peace of
residents in the area, shall be deemed and is declared
to be, a public nuisance and may be subject to abatement
summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
Any violation of this Section is declared to be a
public nuisance and may be abated in accordance with
law. The expense of such abatement may be by resolution
of the City Council declared to be a lien against the
property in which such nuisances are maintained, and
such lien shall be made a personal obligation of the
property owner."
SECTION II. Section 13 -70(i) of the Code of the City of
Cypress is hereby amended to read as follows:
"Noise sources, excepting Leaf Blowers as
defined in Section 13- 72.1(a) of this
Code, associated with the maintenance of
real property provided said activities
take place between the hours of 7:00 a.m.
and 8:00 p.m. on any day except Sunday or
federal holiday, or between the hours of
9:00 a.m. and 8:00 p.m. on Sunday or
federal holiday."
SECTION III., The City Clerk is hereby authorized
and directed to certify as to the passage of this
Ordinance and to give notice thereof by causing
copies of this Ordinance to be posted in three (3)
public places throughout the City.
FIRST READ at a regular meeting of the
City Council of said City held on the 8th day
of October , 1990 and finally adopted
and order posted at an adjourned regular meeting held on
the 29th day of October 1990.
M• MAl Y R .. .Q
0. OF T.HE�ITY OF�cYPRESS
ATTEST:
CITY CLERK OF THEY OF CYPRESS
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004
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress,
California, DO HEREBY CERTIFY that the foregoing Ordinance
was duly adopted at an adjourned regular meeting of the said
City Council held on the 29th day of October 1990; by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Arnold, Bowman, Kanel,
Kerry and Age
None
None
CITY CL R OF THE CITY OF CYPRESS