[HISTORY: Adopted by the Council of the City of Rye 11-30-2022 by L.L. No.
8-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided an effective date of
1-1-2023.
The City Council finds that motorized landscaping activities
generate noise, and more specifically the use of gas-powered leaf
blowers can significantly increase the level of noise, particularly
in the higher-density neighborhoods of Rye. Gas-powered leaf blowers
also create pollution and contribute to global warming through the
release of carbon emissions. Accordingly, it is the intent and purpose
of this chapter to place limits on the use of gas-powered leaf blowers,
while promoting the use of quieter electric-powered leaf blowers,
with the ultimate objective of eliminating the use of gas-powered
leaf blowers at the time when a more suitable and quieter technology
becomes available.
As used in this chapter, the following terms shall have the
meanings indicated:
A moveable, portable, handheld, backpack-style, tow-behind
or other device or unit powered by electricity or battery and used
for the purpose of blowing, moving, removing, dispersing, vacuuming,
or redistributing leaves, dust, dirt, grass clippings, cuttings, and
trimmings from trees and shrubs or any other type of litter or debris.
A moveable, portable, handheld, backpack-style, tow-behind
or other device or unit powered by an internal combustion engine using
gasoline or other hydrocarbon fuel and used for the purpose of blowing,
moving, removing, dispersing, vacuuming, or redistributing leaves,
dust, dirt, grass clippings, cuttings, and trimmings from trees and
shrubs or any other type of litter or debris.
Any person, corporation, partnership, or business entity
of any form who tends, plants, installs, maintains, or repairs lawns,
or performs general yard maintenance work or leaf collection of any
kind, on real property which such person does not own or at which
s/he does not reside.
Electric, battery or internal combustion engine powered equipment
commonly used for general yard maintenance work, including cutting
grass, aerating and seeding lawns, planting, digging holes, trimming
hedges and shrubs, collecting and removing leaves and other common
yard maintenance activities.
Effective January 1, 2023, electric leaf blowers may be used
for landscaping activities on a year-round basis.
Effective January 1, 2023, gas leaf blowers may only be used
during the Fall and Spring cleanup seasons defined as from October
1 to December 15 and from March 1 to April 30. At all other times
of the calendar year, the use of gas leaf blowers is prohibited. Except
in R-1 Residence Districts, and on lots greater than one acre in size,
only one gas leaf blower may be utilized per lot during the Fall and
Spring cleanup seasons as defined above.
A.
The use of motorized landscaping equipment, including lawn mowers,
leaf blowers and other outdoor machine-powered equipment, is permitted
only between 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m. and
4:00 p.m. on weekends. The permitted hours described in this subsection
will apply to the use of gas leaf blowers during the Fall and Spring
cleanup seasons when the use of gas leaf blowers is permitted.
B.
The use of motorized landscaping equipment, including lawn mowers,
leaf blowers and other outdoor machine-powered equipment, is not permitted
on holidays, Rosh Hashanah or Yom Kippur.
[Amended 6-14-2023 by L.L. No. 9-2023]
C.
The head of the Rye Department of Public Works may permit the expanded
use of gas leaf blowers, or use of motorized landscaping equipment,
on holidays, for a period not to exceed 14 days after significant
storm events or during other emergency situations.
D.
The restrictions regarding the use of motorized landscaping equipment,
including gas leaf blowers and other outdoor machine-powered equipment,
in this chapter shall not apply to the following entities and activities:
municipal, schools, religious institutions, membership clubs, golf
courses, hospital and retirement communities, cemeteries, and driveway/road
paving and sealing activities.
E.
The above restrictions shall not apply to snowblowers or use of motorized
equipment for the purposes of snow or ice removal.
F.
Moving leaves or yard debris to City streets, public property, storm
drains or abutting lots is prohibited at all times.
The provisions of this chapter shall be enforced by the City
of Rye Police Department, the Rye Building Department or any other
City employee designated by the City Manager.
A.
Gas leaf blowers. The following parties shall have committed a violation
of this chapter if it is not complied with:
B.
Conducting motorized landscaping work outside of permitted hours
or on holidays. The following parties shall have committed a violation
of this chapter if it is not complied with:
[Amended 6-14-2023 by L.L. No. 9-2023]
C.
Failure of commercial landscapers to comply with the provisions of
Westchester County Law §§ 863.312 through 863.330.
Commercial landscapers who fail to comply with WCC §§ 863.312
through 863.330, including working without a valid Westchester County
license or failure to display license decals and required identification
information on its vehicles, shall also be in violation of this chapter.
D.
Any person violating any of the provisions of this chapter shall
be guilty of a civil violation and, upon conviction thereof, shall
be punished by a fine not to exceed the sum of $250 for the first
offense. A second violation shall be punishable by a fine not to exceed
the sum of $350 and a third violation shall result in a fine not to
exceed the sum of $1,500.
