On Sundays, there shall be no use or operation of any of the following
types of tools and equipment: pile drivers, steam shovels, pneumatic
or electric jack hammers, derricks, steam or electric hoists, tree
clippers, gasoline-powered chainsaws, gasoline-powered leaf blowers,
excavation equipment or any tools or commercial equipment which shall
make any loud or disturbing noise.
On any day other than Sunday, it shall be unlawful to use or operate tools or equipment related to demolition or construction between the hours of 6:00 p.m. and 8:00 a.m. Apparatus or equipment subject to this restriction include, without limitation, the equipment identified in Subsection A.
There shall be no excavating, demolition, erection, alteration, repair
or other building operations within 1,000 feet of any dwelling or
business property during the above-stated hours, except in cases of
urgent necessity in the interest of public safety, and then only upon
notification to the duty officer of the Police Department as to the
nature of the emergency.
It shall be unlawful to use or operate tools or equipment related
to commercial contracting or commercial landscaping except on the
following days, during the hours listed:
Notwithstanding Subsections A, B and C, nothing herein shall prohibit the reasonable noncommercial use of landscaping equipment during the hours listed:
Purpose and intent. The Borough of Leonia hereby finds that unlimited
use of leafblowers powered by internal combustion engines impairs
the economic and social welfare, health, peace and quality of life
of persons residing in Leonia. The purpose of this section is to minimize
the adverse impact of such equipment by restricting its use within
the Borough.
Hours of use. Notwithstanding anything to the contrary in this chapter,
leafblowers powered by internal combustion engines shall not be operated
in the Borough of Leonia except as follows:
On weekdays between 8:00 a.m. and 6:00 p.m., except that leafblowers
may be used by an occupant or owner of the premises between 8:00 a.m.
and 8:00 p.m. on weekdays.
On Saturdays between 9:00 a.m. and 2:00 p.m., except that leafblowers
may be used by an occupant or owner of the premises between 9:00 a.m.
and 6:00 p.m.
Limitation on use of leafblowers powered by internal combustion engines.
The operation of leafblowers powered by internal combustion engines
shall be limited to each calendar year to the time period between
March 15 and May 15, inclusive, and between October 15 and December
15, inclusive. The Municipal Emergency Management Coordinator, Deputy
Municipal Emergency Management Coordination and Second Deputy Municipal
Emergency Management Coordinator shall have the authority to extend
or modify such dates when extreme or unusual weather conditions warrant.
Mufflers. It shall be a violation hereof to operate any leafblower
powered by an internal combustion engine in the Borough of Leonia
without a properly functioning muffler.
Safety equipment. Business operators shall provide their employees
using leafblowers powered by internal combustion engines with appropriate
equipment to protect employees' health, including hearing protection
and eye protection. Business operators shall further ensure that employees
use appropriate personal protective equipment while operating leaf
blowers powered by internal combustion engines.
Responsibilities of property owners, business operators, landlords
and tenants. Property owners, business operators, landlords and tenants
of a property shall each have all the duties and responsibilities
prescribed in this chapter, and no property owner, business operator,
landlord or tenant shall be relieved from such duties or responsibilities
by reason of the fact that the other of them or the occupant is also
responsible therefor and in violation thereof.
Emergencies. The Municipal Emergency Management Coordinator, Deputy
Municipal Emergency Management Coordination and Second Deputy Municipal
Emergency Management Coordinator are authorized to suspend any one
or more of the provision of this section for a period of 24 hours
or more whenever such coordinator determines that an emergency situation
exists in the Borough. Such suspension may be renewed each day during
the continuance of such emergency.
Any person, firm or corporation violating this article upon conviction, shall be subject to penalty as set forth in Chapter 1, Article I, General Penalty.