[L.L. No. 4-2011, § 1]
The Village Board of Trustees finds that the reduction of noise,
emissions of gases, the blowing of dust particles and other airborne
pollutants into the air and onto other nearby properties from the
use of leaf blowers and other engine-driven power equipment is a public
concern that affects the public health, welfare and environment of
the Village of Tuckahoe and its citizens.
[L.L. No. 4-2011, § 1]
As used in this article, the following terms shall have the
meanings indicated:
New Year's Day, Martin Luther King Day, President's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas
Day.
As portable, handheld or backpack style power equipment that
is powered by fuel or electricity and used in any landscape maintenance,
construction, property repair, or property maintenance 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.
[L.L. No. 4-2011, § 1]
a)
The use of gasoline-powered leaf blowers in the Village of Tuckahoe
is prohibited from June 1 through and including September 30 of each
year.
b)
Subject to Subsection (a) of this section, during the period of June 1 through and including September 30 of each year, the use of power lawn mowers, power hedge trimmers, electric leaf blowers and any other engine-driven power tool or motorized equipment may be used during the following hours:
c)
During the period of October 1 through and including May 31 of each
year, the use of leaf blowers, power lawn mowers, power hedge trimmers,
and any other engine-driven power tool or motorized equipment may
be used during the following hours:
d)
The foregoing provisions of this Section 15-52(b) and (c), above, shall not apply to snow blowers, chain saws, and other tools and equipment that may be used to clear and plow walks, streets, sidewalks and/or driveways during and within 48 hours of snow, rain, ice, or wind storms or other similar emergencies.
e)
Leaf blower operations shall not cause leaves, dirt, debris, grass
clippings, cuttings or trimmings from trees or shrubs or any other
type of litter or debris to be blown on any adjacent parcel of land
or lot other than the parcel, land or lot upon which the leaf blower
is being operated. Leaves, dirt, debris, grass clippings, cuttings
or trimmings that are blown onto a public right-of-way shall be promptly
removed, or during leaf season gathered at the curb in a manner suitable
for collection by the Village in its normal course of leaf collection.
f)
All leaf blowers, power lawn mowers, power hedge trimmers and any
other engine-driven power tool or motorized equipment must comply
with all local, county, state and federal laws.
[L.L. No. 4-2011, § 1]
a)
The Code Enforcement Officer, Building Inspector, the Superintendent
of Public Works and any police officer in the Village Police Department
shall have the authority to enforce the provisions of this article.
[L.L. No. 4-2011, § 1]
a)
Subject to the terms set forth in Subsection (b) of this section, a violation of the provisions of this article shall be punishable, upon conviction thereof, by a fine not exceeding $350 or imprisonment not exceeding 15 days, or both, which shall be enforceable by the Code Enforcement Officer, Building Inspector, the Superintendent of Public Works and any police officer in the Village Police Department. All persons shall be entitled to one warning before the Village proceeds with a prosecution of such person under this article.
b)
Where the operator of a leaf blower, power lawn mower, power hedge trimmer, electric leaf blower, or any other engine-driven power tool or motorized equipment ("equipment") is an employee of a business that owns the equipment and the operator is operating the equipment pursuant to his or her employment duties, the employer of the operator of the equipment shall be deemed in violation of the provisions of this article and, upon conviction, punished in accordance with the provisions in Subsection (a) hereof.
c)
In addition to the penalties indicated in Subsections (a) and (b) above, the Code Enforcement Officer, Building Inspector, the Superintendent of Public Works and any police officer in the Village Police Department shall have all other remedies and techniques for the enforcement granted by this article or any other law, statute or regulation, including, but not limited to, summary action, injunctive relief and civil actions for damages to the environment.
