No person
shall operate a gas-powered leaf and lawn blower for any purpose except
during April 15 to May 31 and October 1 to November 30. Any person
violating this prohibition shall be subject to a written warning for
the first offense, a fine not to exceed $250 for the second offense,
$500 for the third offense, and $1,000 for the fourth offense and
any subsequent offense thereafter. The operator of the leaf blower
and the homeowner shall be subject to the fine.
The permitted
hours of use are Monday through Saturday from 9:00 a.m. to 5:00 p.m.
Any person violating this provision shall be subject to a written
warning for the first offense, a fine not to exceed $250 for the second
offense, $500 for the third offense, and $1,000 for the fourth offense
and any subsequent offense thereafter. The operator of the leaf blower
and the homeowner shall be subject to the fine.
A landscaper
shall be defined as any person, corporation, partnership or business
entity of any form who owns, operates, maintains, controls or conducts
a landscaping business to perform landscaping or gardening, including
tending, planting, installing, maintaining, or repairing lawns, gardens,
flower beds, shrubbery, trees, or landscaping of any kind, on real
property which such person or business entity does not own or at which
s/he does not reside.
The fine
for a landscaper operating a gas-powered leaf blower without a permit
shall not exceed $500 for the first offense, $750 for the second offense,
and $1,000 for every offense thereafter.
These
provisions shall not apply in the event a state of emergency is declared
by the City of Mount Vernon, County of Westchester, or State of New
York.