"Chainsaw"
means a tool that cuts with a set of teeth attached to a
rotating chain driven along a guide bar. It is used in activities
such as tree felling, limbing, bucking, pruning, cutting firebreaks
in wildland fire suppression, and harvesting of firewood.
"Hedge trimmer" or "pole hedge trimmer"
means a tool resembling a chainsaw used for cutting back
bushes, shrubs, and hedges; and which may include a long handle used
for manicuring landscape materials beyond arm reach.
"Lawn edger"
means a powered cutting tool used to form distinct boundaries
between a lawn, typically consisting of a grass, or other botanical
ground cover, and another ground surface feature such as paved, concreted
or asphalted area, or a granular material such as sand or gravel,
or uncovered soil.
"Leaf blower"
means a tool that propels air out of a nozzle to move debris,
such as leaves or grass cuttings.
"Non-riding lawn mower"
means a tool that uses one or more revolving blades to cut
grass or other landscape material to an even height and that is not
designed to be ridden by the operator.
"Pole saw"
means a small curved saw blade mounted on a long handle and
used for pruning branches beyond arm reach.
"String trimmer"
means a tool that uses a rapidly spinning flexible monofilament
line or plastic line to cut grass or other landscape material.
(§ 3, Ord. 906, eff. April 29, 2020, as amended by § 3, Ord.
930, eff. September 14, 2022)
(a) The
use of any of the following equipment is prohibited anywhere within
the City:
(1) Hedge trimmer powered by internal combustion engines.
(2) Lawn edger powered by internal combustion engines.
(3) Leaf blowers powered by internal combustion engines.
(4) Non-riding lawn mowers powered by internal combustion engines.
(5) Pole hedge trimmer powered by internal combustion engines.
(6) Pole saws powered by internal combustion engines.
(7) String trimmers powered by internal combustion engines.
(b) Any
and all chainsaws powered by internal combustion engines require a
permit:
(1) Any usage of chainsaw equipment powered by internal combustion engine
requires a permit (with a fee as set by the City Council) approved
and issued through the Community Development Department.
(c) This
section shall not apply to work performed by the City or its designee.
(§ 3, Ord. 906, eff. April 29, 2020, as amended by § 3, Ord.
930, eff. September 14, 2022)
(a) Peace
officers, code enforcement officers, and other persons designated
by the City Manager shall enforce this chapter. The City Manager may
publish written regulations in the manner required by law for the
publication of ordinances and may take any and all other actions rational
and necessary to enforce this chapter.
(b) "Any person, including property owners, tenants, brokers or property managers, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be guilty of a misdemeanor as provided in Title
1, Chapter
2, Section
1-2.03 of this Code[.]" (Municipal Code Section
4-24.05, subdivision (a)).
(c) In addition to any other remedies available by law and under this Code, a violation of this chapter is subject to the administrative enforcement provisions of Section
1-2.03 of this Code.
(d) The
remedies specified in this chapter shall be cumulative and the City
may resort to any other remedy available at law or in equity and resort
to any one remedy shall not cause an election precluding the use of
any other remedy with respect to a violation.
(e) The
city attorney may seek injunctive, legal, or other equitable relief
to enforce this chapter.
(§ 3, Ord. 906, eff. April 29, 2020, as amended by § 3, Ord.
930, eff. September 14, 2022)
Any person, including property owners, tenants, brokers or property
managers, whether as principal, agent, employee or otherwise, subject
to this chapter who violates any provision of this chapter, shall
be deemed guilty of an infraction at the discretion of City authorities
and, upon conviction thereof, shall be subject to the following schedule
of penalties: a maximum of $100 for the first offense; a maximum of
$200 for the second offense; a maximum of $500 for every offense thereafter.
Such person, property owners, tenants, brokers or property managers,
shall be deemed guilty of a separate offense for each and every day
during any portion of which any violation of this chapter is committed,
continued or permitted and shall be punishable as provided in this
section. The provisions of this section are in addition to and independent
of any other sanctions which are or may be imposed under this chapter
or any other provision of law.
(§ 3, Ord. 930, eff. September 14, 2022)