Gas-powered leaf blowers create air pollution and noise pollution, contribute to climate change through the release of greenhouse gas emissions, and impair the health, social welfare, peace and quality of life of persons residing and working in Lower Merion Township. The practice of blowing leaves and other debris for property maintenance has unintended environmental and health consequences. The blowing of leaves, dust and debris causes fine particulate emissions and disruption to pollinator habitats. Exposure to fine particulate matter may impact workers using this equipment, individuals with respiratory conditions, children, and other vulnerable populations. Accordingly, the purpose of this article is to reduce the adverse impact of such equipment.
[Adopted 11-19-2025 by Ord. No. 4322]
Any person purchasing goods or services from a Retail Establishment or a Resale Marketplace.
The date that this article is adopted.
Any handheld or backpack leaf blower powered only by electric means, including but not limited to battery-powered leaf blowers, and corded leaf blowers.
Any handheld, backpack, or tow-behind leaf blower, or other device fitting the definition of leaf blower below, which is directly powered by an internal combustion or rotary engine using gasoline or other hydrocarbon fuel. An electric-powered leaf blower that is plugged into an operating generator that is powered by an engine using gasoline or a mixture of gasoline and oil blend as fuel shall be deemed a gas-powered leaf blower. Mounted and/or towed gas power leaf vacuums utilized to pull leaves into a truck shall be excluded from this definition.
A device that is commonly or primarily used, designed or operated to produce a current of air for the purpose of moving, pushing, propelling, dispersing, redistributing or blowing leaves, dust, dirt, gardening or grass clippings and cuttings, trimmings from trees and shrubs, refuse, debris, or other similar material other than snow or water, whether portable and carried, or similar machine.
A portable device that uses an internal combustion engine fueled by propane or gasoline to generate electricity.
Individuals or entities, including but not limited to landscapers, contractors, or caretakers, engaged in the upkeep, landscaping, or grounds maintenance of properties not owned or occupied by themselves.
A physical or online channel where previously owned or used lawn equipment or other products are offered to the public for direct sale or delivery to a customer.
A person or household that owns, leases, or resides on a property within Lower Merion Township, including tenants of rental properties and condominium units.
A location where lawn equipment or other products are offered to the public for direct sale or delivery to a customer, including but not limited to the following: hardware stores, department store, and home improvement stores.
A.
Beginning June 1, 2026, and for every year thereafter, the use of gas-powered leaf blowers shall be prohibited from June 1 to October 1 ("Summer") and from January 1 to April 1 ("Winter") each year. This seasonal restriction shall apply to all persons and entities, including residents, commercial landscapers, contractors, and property maintenance personnel, on all properties within the Township.
B.
Beginning January 1, 2028, and for every year thereafter, the use of gas-powered leaf blowers shall be prohibited from January 1 to October 1 each year.
C.
Beginning January 1, 2029, and for every year thereafter, the use of gas-powered leaf blowers shall be prohibited for the entire year.
D.
The use of electric-powered leaf blowers shall be permitted all year.
E.
These restrictions shall not apply during snowfall and within 24 hours after snow has ceased to fall.
Beginning on June 1, 2026, no person or entity shall use a portable generator to directly provide power to electric-powered leaf blowers or to charge the batteries of electric-powered leaf blowers.
The Township Manager and/or his designee, at their sole discretion, may waive any or all of the prohibitions on gas-powered leaf blowers in times of emergent need (e.g., a storm that caused fallen trees, branches or debris) for a stated period.
Beginning 30 days after the Effective Date, and for two years thereafter, Retail Establishments and Resale Marketplaces that sell gas-powered leaf blowers in the Township of Lower Merion shall post at all points of sale conspicuous signage informing customers of the restrictions set forth in § 92-6 above.
A.
Any person or entity who violates this article or permits a violation of § 92-6 or 92-7 of this article by improper use of a gas-powered leaf blower shall first receive a warning and thereafter, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of $100 for the first offense, a fine of $250 for a second offense within a twelve-month period from the first offense and a fine of $600 for a third or any subsequent offense within a twelve-month period from the first offense, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this article in equity in the Court of Common Pleas of Montgomery County.
B.
The failure of the Township of Lower Merion to enforce any provision of this article shall not constitute a waiver by the Township of Lower Merion of its right to future enforcement hereunder.