HomeMy WebLinkAbout2024_5_23_Local_Law_No_1 Local Law No. 1 - 2024
This local law shall be known as the "Separation of the Rules regarding the Outdoor Operation of
Power Tools from the Rules regarding the Operation of Leaf Blowers, and the Phase-out of
Gasoline-Powered Leaf Blowers" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
In 1995, citing the unacceptable noise levels heard by residents in dozens of homes surrounding
the site where power tools or gasoline-powered leaf blowers are being used, the negative impact
of their constant use on the peace, quiet, health and welfare of the community, and noting that
their use diminishes the quality of life in our community, the Town passed a local law that limited
the use of such devices to certain months and to certain hours.
Much more is now known about the effects of gasoline-powered leaf blowers upon the
environment. They emit greenhouse gases into the atmosphere and noxious fumes at ground level
that can be inhaled by persons and animals in the vicinity of their use. They generate a louder
noise over a longer distance than leaf blowers that are not powered by internal combustion
engines. Moreover, advances in technology have made electric-powered leaf blowers increasingly
more efficient and a viable alternative to gas-powered ones.
Accordingly, the Town Board finds that for the benefit of the overall the health and welfare of the
community, the use of gasoline-powered leaf blowers in the unincorporated area of the Town of
Mamaroneck should be phased out.
Section 2-Repeal and Re-Enactment of the title of a current article of the Mamaroneck Code:
The title of Article II of Chapter 141 of the Code of the Town of Mamaroneck hereby is repealed
and the following substituted in its place:
Article II Restrictions on Outdoor Operation of Power Tools
Section 3-Repeal and Re-Enactment of a current article of the Mamaroneck Code:
Section 141-9 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§141-9 Title
This article shall be known as "Restrictions on Outdoor Operation of Power Tools."
Section 4-Repeal and Re-Enactment of a current article of the Mamaroneck Code:
Section 141-10 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 141-10 Purpose
The purpose of this article is to reduce noise which is disturbing to individuals in their homes, on
their property and in their workplaces. Noise from certain equipment, used out of doors, causes
inconvenience to occupants of nearby property when such equipment is used during certain
hours.
Section 5-Repeal and Re-Enactment of a current article of the Mamaroneck Code:
Section 141-11 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 141-11 Definition
As used in this article, the following terms shall have the meanings indicated:
PERSON
An individual, a firm, an association, a partnership, a limited liability company or a corporation.
POWER TOOL
Any tool that is not operated solely by human muscular power.
Section 6-Repeal and Re-Enactment of a current article of the Mamaroneck Code:
Section 141-12 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
The outdoor operation of any power tool in the unincorporated area of the Town, other than a
power tool designed to remove snow, before 8:00 a.m. or after 9:00 p.m. on any weekday and
before 10:00 a.m. or after 5:00 p.m. on Saturdays, Sundays and on New Year's Day, Dr. Martin
Luther King, Jr. Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day shall be unlawful.
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Section 7-Repeal and Re-Enactment of a current article of the Mamaroneck Code:
Section 141-13 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 141-13 Suspension of Title II
In the case of a severe weather or non-weather-related event, the Supervisor, in such official's sole
and unfettered discretion, may suspend this title for such period of time as the Supervisor deems
necessary or desirable to protect the overall welfare of the residents of the unincorporated area of
the Town.
Section 8-Amendment of a current article of the Mamaroneck Code:
The Code of the Town of Mamaroneck is amended by adding a new section 141-14 that reads as
follows:
§ 141-14 Penalties for offenses
A. A person shall be guilty of an offense if such person operates any power tool in violation of any
provision of this title.
B. A person shall be guilty of an offense if such person employs a person to operate any power
tool and that person operates such tool or equipment in violation of any provision of this title.
C. A person who owns or leases property where a violation of this title occurs shall be guilty of an
offense.
D. In any prosecution under this title, it is an affirmative defense that the person who owns the
property where a violation of this title occurs (1) entered into an agreement with a tenant of such
property that either allows the tenant to engage, or places upon the tenant the responsibility to
engage persons to operate any power tool and (2) did not engage the persons who used such tool
or equipment on the date and at the time specified in the summons issued to the owner.
E. In any prosecution under this title, it is an affirmative defense that the person who leases the
property where a violation of this title occurs (1) did not enter into an agreement with the owner
of such property that either allows the tenant to engage, or places upon the tenant the
responsibility to engage persons to operate any power tool and (2) did not engage the persons
who used such tool or equipment on the date and at the time specified in the summons issued to
the tenant.
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F. A person convicted of an offense under this title shall be punished as follows:
1. For the first offense during a calendar year, with a fine of not less than$125 and not more than
$250,
2. For a second offense during the same calendar year, with a fine of not less than $250 and not
more than$500, and
3. For additional offenses during the same calendar year, with a fine of$500 for each such offense.
Section 9-Addition of a new article to Chapter 141 of the Code of the Town of Mamaroneck:
The Code of the Town of Mamaroneck hereby is amended to add the following new article to
Chapter 141 thereof.
Article III Restrictions on the Operation of Leaf Blowers
§ 141- 15 Title
This article shall be known as "Restrictions on the Operation of Leaf Blowers."
§ 141- 16 Purpose
In 1995, citing the unacceptable noise levels heard by residents in dozens of homes surrounding
the site where a gasoline-powered leaf blower is being used, the negative impact of their constant
use on the peace, quiet, health and welfare of the community, and noting that their use diminishes
the quality of life in our community, the Town passed a local law that limited the use of such
devices to certain months and to certain hours.
Much more is now known about the effects of gasoline-powered leaf blowers upon the
environment. They emit greenhouse gases into the atmosphere and noxious fumes at ground level
that can be inhaled by persons and animals in the vicinity of their use. They generate a louder
noise over a longer distance than leaf blowers that are not powered by internal combustion
engines. Moreover, advances in technology have made electric-powered leaf blowers increasingly
more efficient and a viable alternative to gas-powered ones.
Accordingly, the Town Board finds that for the benefit of the overall health and welfare of the
community, the use of gasoline-powered leaf blowers in the unincorporated area of the Town of
Mamaroneck should be phased out.
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§ 141-17 Definitions
As used in this article, the following terms shall have the meanings indicated:
GASOLINE-POWERED LEAF BLOWER
Any leaf blower powered by an internal combustion engine which discharges a stream of forced
air and which is used or designed to move grass, leaves, clippings, dust, dirt or other matter by
blowing them with air emitted by such device. A leaf blower which itself is not powered by an
internal combustion engine but is being used while plugged into a generator which is powered by
an internal combustion engine shall be deemed a gasoline-powered leaf blower.
LEAF BLOWER
Any motorized device that is used or designed to move grass, leaves, clippings, dust, dirt or other
matter by blowing them with air emitted by such device.
PERSON
An individual, a firm, an association, a partnership, a limited liability company or a corporation.
§ 141-18 Restrictions
A. Times of Day when Operation of Leaf Blowers is Unlawful.
It shall be unlawful for any person in the unincorporated area of the Town to operate any leaf
blower before 8:00 a.m. or after 9:00 p.m. on any weekday and before 10:00 a.m. or after 5:00 p.m.
on Saturdays, Sundays and on New Year's Day, Dr. Martin Luther King, Jr. Day, Presidents' Day,
Memorial Day, Columbus Day,Veterans Day, Thanksgiving Day and Christmas Day.
B. Months of the Year when Operation of Leaf Blowers is Unlawful.
The use of leaf blowers shall be unlawful in the unincorporated area of the Town from the first
day of June through and including the thirtieth day of September of each year.
C. Phase-out of Gasoline-Powered Leaf Blowers.
On and after January 1, 2025, it shall be unlawful for any person in the unincorporated area of the
Town to operate a gasoline-powered leaf blower.
D. The restrictions contained in sections 141-18 A., B. and C. shall not apply to the Town of
Mamaroneck, the County of Westchester, the State of New York, the Mamaroneck Union Free
School District, utility companies or persons engaged by any of the foregoing to perform such
work.
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E. The restriction contained in section 141-18 C. shall not apply to properties located in the zoning
district known as the Recreation District: R.
§ 141-19 Suspension of Title III
In the case of a severe weather or non-weather-related event, the Supervisor, in such official's sole
and unfettered discretion, may suspend this title for such period of time as the Supervisor deems
necessary or desirable to protect the overall welfare of the residents of the unincorporated area of
the Town.
§ 141-20 Penalties for offenses
A. A person shall be guilty of an offense if such person operates a leaf blower in violation of any
provision of this title.
B. A person shall be guilty of an offense if such person employs a person to operate a leaf blower
and that person operates such leaf blower in violation of any provision of this title.
C. A person who owns or leases property where a violation of this title occurs shall be guilty of an
offense.
D. In any prosecution under this title, it is an affirmative defense that the person who owns the
property where a violation of this title occurs (1) entered into an agreement with a tenant of such
property that either allows the tenant to engage, or places upon the tenant the responsibility to
engage persons who use leaf blowers and (2) did not engage the persons who used leaf blowers on
the date and at the time specified in the summons issued to the owner.
E. In any prosecution under this title, it is an affirmative defense that the person who leases the
property where a violation of this title occurs (1) did not enter into an agreement with the owner
of such property that either allows the tenant to engage, or places upon the tenant the
responsibility to engage persons who use leaf blowers and (2) did not engage the persons who
used leaf blowers on the date and at the time specified in the summons issued to the tenant.
F. A person convicted of an offense under this title shall be punished as follows:
1. For the first offense during a calendar year, with a fine of not less than$125 and not more than
$250,
2. For a second offense during the same calendar year, with a fine of not less than $250 and not
more than$500, and
3. For additional offenses during the same calendar year, with a fine of$500 for each such offense.
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Section 10-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 11 -Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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