This article shall be known as "Restrictions on the Operation of Leaf Blowers."
[Adopted 5-8-2024 by L.L. No. 1-2024]
A.
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.
B.
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.
C.
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.
As used in this article, the following terms shall have the meanings indicated:
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.
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.
An individual, a firm, an association, a partnership, a limited liability company or a corporation.
[Amended 9-17-2025 by L.L. No. 7-2025]
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.
It shall be lawful to use a leaf blower that is not a gasoline-powered leaf blower in the unincorporated area of the Town of Mamaroneck during any month of the year except at those times and on those days where use of leaf blowers is prohibited by § 141-18A.
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.
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 article 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.
A.
A person shall be guilty of an offense if such person operates a leaf blower in violation of any provision of this article.
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 article.
C.
A person who owns or leases property where a violation of this article occurs shall be guilty of an offense.
D.
In any prosecution under this article, it is an affirmative defense that the person who owns the property where a violation of this article 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 article, it is an affirmative defense that the person who leases the property where a violation of this article 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 article 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.