[HISTORY: Adopted by the Mayor and Council
of the Township of Montclair 8-15-2023 by Ord. No. O-23-31; amended in its entirety 9-26-2023 by Ord. No. O-23-35. Amendments noted where applicable.]
A.
The Township of Montclair hereby finds that the use of gas-powered
leaf blowers impairs the health and social welfare, as well as the
peace and quality of life of persons residing and working in Montclair.
The purpose of this chapter is to eliminate the adverse impact of
such equipment by prohibiting its use within the Township. This chapter
shall apply to all properties within the Township whether publicly
or privately owned.
B.
The Township further finds that 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, those living with respiratory conditions, children, as
well as others, and the Township encourages community education regarding
alternatives to such use, where possible. It shall be the policy of
the Township to balance leaf blowing with mulching fallen leaves into
grassy areas and moving leaves into flower beds to be used as organic
mulch material.
The following definitions apply to this chapter:
An air quality action day is called when the ozone and/or
particulate matter forecasts reach an Air Quality Index (AQI) of orange
(unhealthy for sensitive groups), red (unhealthy), or maroon (very
unhealthy).
A leaf blower that is powered solely by an electric motor,
whether using a battery or a cord.
A leaf blower that is powered by an engine using gasoline
or a mixture of gasoline and oil blend as 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.
A device that is commonly or primarily used, designed or
operated to produce a current of air for the purpose of pushing, propelling
or blowing leaves, dirt, gardening or grass clippings and cuttings,
refuse, debris, chemical mists, pesticides, or other similar material,
whether portable and carried, or walked behind, or attached to a tractor
or similar machine.
A.
Gas-powered leaf blowers are not permitted to be used within the
Township of Montclair, effective October 15, 2023.
B.
Electric leaf blowers shall be permitted throughout the year, subject
to the following conditions:
(1)
Air quality action days. Notwithstanding the aforementioned, leaf
blowers shall not be operated in the Township of Montclair on dates
designated as "air quality action days" by the New Jersey Department
of Environmental Protection and declared by the Township's Emergency
Management Coordinator.
(2)
No gas or diesel generators may be utilized to power any electric
leaf blowers at any time.
C.
Hours of use.
(1)
On weekdays between 9:00 a.m. and 6:00 p.m., except that leaf blowers
may be used by an occupant or owner of the premises between 9:00 a.m.
and 8:00 p.m.
(2)
On weekends between 10:00 a.m. and 6:00 p.m., except that leaf blowers
may be used by an occupant or owner of the premises between 10:00
a.m. and 8:00 p.m.
Business operators shall provide their employees using leaf
blowers with appropriate equipment to protect employees' health.
Business operators shall further ensure that employees use appropriate
personal protective equipment while operating leaf blowers.
The Emergency Management Coordinator is authorized to suspend
any one or more of the provisions of this chapter for a period of
24 hours or more whenever such Coordinator determines that an emergency
situation exists in the Township. Such suspension may be renewed each
day during the continuance of such emergency.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be subject to a fine of up to $250 for the
first offense, up to $500 for the second offense, and up to $1,000
for a third or subsequent offense.
The provisions of this chapter shall be severable. In the event
that any portion of this chapter is found to be invalid for any reason
by any court of competent jurisdiction, such judgment shall be limited
in its effect only to that portion of the chapter actually adjudged
invalid and shall not be deemed to affect the operation of any other
portion thereof, which shall remain in full force and effect.
Any ordinance or part of an ordinance inconsistent with this
chapter is hereby repealed.
