Proposed local law would prohibit gas-powered leaf blowers during summer months

Yesterday evening, the Northport Village Board of Trustees proposed a new local law that would restrict the use of gasoline-powered leaf blowers during certain months and times within the Village.

There is currently no existing law that restricts the use of gas leaf blowers in Village code, but this is not a new concept in Suffolk County. The Town of Huntington already has time restrictions in place, permitting the use of leaf blowers for two hours per day on weekdays between the hours of 8am and 7pm, and for one hour per day on weekends and legal holidays between the hours of 9am and 5pm.

The proposed law states that because the operation of gas-powered leaf blowers “unreasonably annoys, disturbs the comfort, health, peace and safety of others,” regulations involving the time and use of leaf blowers should be established.

The law would prohibit the use of gas- or diesel-powered leaf blowers between the dates of June 15 and September 15. The leaf blowers would be permitted from September 16 until June 14, on a set timeline: no earlier than 8am or later than 6pm on weekdays, and no earlier than 9am or later than 5pm on weekends and public holidays.

There are certain cases, however, that would allow for the use of a gas leaf blower during restricted time periods, including after a major storm, when the mayor has declared a state of emergency, or by government entities on public land. Under the proposed law, professional landscapers would be permitted to use gas leaf blowers at all times, including in the summer months, except Sundays and public holidays, and before noon or after 5pm on Saturdays.

When asked at last night’s board meeting what precipitated this addition to the local code, Mayor Damon McMullen said, “We’ve received numerous complaints from residents throughout the Village about leaf blowers, the noise from all of the landscapers, and this has been initiated through multiple municipalities throughout the county.”

The public is invited to voice their opinions about this new law proposal at a public hearing on Tuesday, September 21 at 6pm.

If passed, written as is, the law will be added to the Village code, under Chapter 200: Noise, and will read:

A. The Board of Trustees finds that noise emanating from certain conduct, activity or conditions related to the operation of gas-powered leaf blowers unreasonably annoys, disturbs, the comfort health, peace and safety of others within the Village of Northport and such activity shall be restricted as follows:

B. Use of gas-powered leaf blowers shall be restricted as follows:

1. The use and operation of gas-powered leaf blowers or diesel- powered leaf blowers shall be prohibited between the dates of June 15 to September 15.

(i) For purposes of this section a gasoline or diesel leaf blower shall be defined as any device which is used, designed, or operated to produce a current of air for the purpose of pushing, propelling, or blowing leaves, dirt, gardening and grass clippings and cuttings, refuse or debris.

C. Gas and diesel-powered leaf blowers may be used from September 16 until June 14 but no earlier than 8:00 a.m. and or later than 6:00 p.m., prevailing time, on any weekday, and no earlier than 9:00 a.m. or later than 5:00 p.m. on Saturdays and Sundays and Federal and State holidays.

(i) Notwithstanding the above, a gas or diesel powered leaf blower device may be used by governmental entities on public land; or

(ii) when responding to an emergency or clean-up after a major storm when the Mayor has declared a state of emergency.

(iii) Notwithstanding the above it shall be prohibited for commercial landscapers performing landscaping services to operate and use any gas powered or diesel-powered leaf blower on Sundays and Federal and State holidays before noon or after 5:00 p.m. on Saturdays.

D. Both the owner and operator undertaking, using or causing the conduct, activity or conditions related to the use and operation of a gas- or diesel-powered leaf blower as herein provided shall be deemed to be in violation of the chapter and section. Property owners who cause, permit, or allow a person to engage in such conduct of operating a gas- or diesel-powered leaf blower to occur on his/her property, with or without direct knowledge shall also be deemed to be in violation of this chapter and section.

E. No gasoline or diesel-powered leaf blower may be used unless it meets the current Environmental Protection Agency (EPA) exhaust standards and is operated and maintained in accordance with manufacturer’s instructions and specifications.

F. Penalties of an offense of this section shall be governed by Section 200-22 of this chapter.

G. The proposed local law is enacted pursuant to Section 4-412 of the New York State Village Law, as well as Municipal Home Rule Law Sections 10(1)(i) and 10(1) (ii)(a)(1).

H. If any section or subsection, paragraph, clause, phrase or provision of law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

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