The Village of Bronxville finds and declares that internal combustion leaf blowers represent a significant source of environmental pollution in the form of high- and low-frequency noise, carbon and noncarbon emissions, and dust particulate, which represent a present and increasing threat to the public peace and to the health, safety, and welfare of the residents of the Village and its visitors. Noise generated by leaf blowers has the effect of interfering with the psychological well-being of persons, as leaf blowers generate low-frequency noise at high decibel levels, exposure to which is recognized to generate more severe adverse health effects when compared to high-frequency noises, including hearing loss, tinnitus, reduced cognitive performance, heart disease, and hypertension. Additionally, internal combustion leaf blowers displace significant amounts of particulate matter, spreading pollen, mold, chemical pesticides, and other fine particulates. Internal combustion leaf blowers are also recognized as hyper-polluters, emitting significant carbon and noncarbon emissions in greater magnitudes than automobiles over similar operating periods. Accordingly, it is the policy of the Village to regulate the use of internal combustion leaf blowers to minimize and mitigate the harmful impacts of their use.
[Added 9-13-2021 by L.L. No. 10-2021[1]]
As used in this article, the following terms shall have the meanings indicated:
A leaf blower which is powered by an internal combustion engine/motor. An electric leaf blower being used while plugged into an operating generator which is powered by an internal combustion engine shall be deemed an internal combustion leaf blower.
Internal combustion leaf blowers shall not be operated during the following periods of the year: December 15 through March 15; May 15 through October 15.
During the months when internal combustion leaf blowers are permitted to be operated in the Village of Bronxville, they may only be operated during the following hours: Monday through Saturday, excluding holidays: between 8:00 a.m. and 6:00 p.m.
In the event of a hurricane, tropical storm, or similar extreme weather event, the Mayor of the Village of Bronxville in their sole discretion, may temporarily suspend provisions of this article to allow the use of internal combustion leaf blowers for debris cleanup.
A.
Responsible parties. The following parties shall have committed a violation of this article if it is not complied with:
B.
Penalties. Any person violating any of the provisions of this article shall be subject to a fine upon conviction thereof, not exceeding $250 for the first offense, $500 for the second offense, and $1,000 for the third offense and any subsequent offenses. Conviction for violation of this article shall be deemed a violation, not a misdemeanor or a felony.
C.
In addition to the penalties provided in Subsection B above, the Village Administrator may, upon providing notice and an opportunity to be heard, suspend the gardener's license (as described in Chapter 164 of the Village Code) of any responsible party holding such a license upon determination of the Village Administrator that such party has violated the provisions of this article.