Item Coversheet

Ordinances - R5  P




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:December  8, 2021
 

First Reading

SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY CREATING ARTICLE X, ENTITLED "USE OF GAS-POWERED LEAF BLOWERS," TO CREATE DEFINITIONS, ADOPT REGULATIONS ON THE USE OF GAS-POWERED LEAF BLOWERS WITHIN THE CITY OF MIAMI BEACH, PROVIDE FOR A TEMPORARY SUSPENSION FOR STORM AND HURRICANE CLEANUP, ESTABLISH ENFORCEMENT AND PENALTY PROVISIONS, AND PROVIDE FOR A FINANCIAL HARDSHIP WAIVER; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends the Mayor and City Commission adopt the Ordinance on First Reading. 

 

BACKGROUND/HISTORY

As a city leader in addressing the impacts and causes of climate change, it is vital to take positive steps to reduce community wide greenhouse gas emissions. On April 21, 2021, Resolution 2021-34664 was adopted declaring climate change to be caused by human activity and pledging to achieve net-zero emissions by 2050. Achieving net-zero emissions will require policy changes and investments such as regulating the use of gas-powered leaf blowers.

 

In line with efforts to reduce emissions, municipal operations have begun transitioning away from gas-powered leaf blowers.  Following the adoption of Resolution 2017-29867, the Public Works Department’s Greenspace Management Division has prohibited the use of gas-powered leaf blowers by its landscape maintenance vendors and internal operations. The Public Works Department’s Sanitation Division is in the process of transitioning to electric/battery-powered blowers and expect to replace its existing gas-powered inventory by Spring of 2022.

 

At the City Commission meeting on September 17, 2021, the Mayor and City Commission referred a discussion to the Land Use and Sustainability Committee on the status of the City’s transition from gas leaf blowers and any potential opportunities to reduce usage. On September 30, 2021, the resident Sustainability Committee held a discussion with City staff and representatives from Miami Beach United on gas leaf blowers. The Committee passed a motion in support of further reducing the use of gas-operated leaf blowers citywide to support the City’s goal of reducing greenhouse gas emissions while improving quality of life. The motion was transmitted via Letter to Commission (Attachment A).  

 

On October 19, 2021, the Land Use and Sustainability Committee passed a motion recommending that the City Administration and City Attorney’s Office draft an ordinance to regulate the use of gas-powered leaf blowers city wide.

ANALYSIS

Transitioning away from gas-powered leaf blowers is a positive step for communities from multiple perspectives including reducing air pollution and greenhouse gas emissions, improving water quality, mitigating noise pollution, and promoting operational effectiveness. 

 

Air Pollution and Greenhouse Gas Emissions:

Reducing air pollution and greenhouse gas emissions in the best interests of our community. Exhaust emissions from leaf blowers consist of the following specific pollutants of concern: hydrocarbons from both burned and unburned fuel, and which combine with other gases in the atmosphere to form ozone; carbon monoxide; fine particulate matter; and other toxic air contaminants in the unburned fuel, including benzene, 1,3-butadiene, acetaldehyde, and formaldehyde. For example, the California Air Resources Board has determined that running a gas-powered leaf blower for one hour emits the same amount of pollution as driving a light-duty passenger vehicle for approximately 1,100 miles.

 

Water Quality:

The filling of small engines with fuel is very prone to spillage, which is another major cause of hydrocarbon emissions.  The U.S. Environmental Protection Agency estimates that 17 million gallons of fuel are spilled each year just in refueling small engines—more fuel than the Exxon Valdez spilled in the Gulf of Alaska accident in 1989. It is estimated that every time a gas-powered leaf blower is filled, approximately 2 ounces of gasoline is spilled. Moreover, the city prohibits individuals from utilizing leaf blowers to discard debris into the storm drain system and sewers to avoid contaminants from reaching waterways.

 

Noise Pollution:

Leaf blowers are the subject of repeated noise complaints, particularly from gas-powered motors. On average, electric leaf blowers can be up to 28% quieter when compared to 4-stroke gas-powered blowers and 13-18% quieter when compared to 2-stroke gas-powered blowers. Several local, state, and federal agencies across the U.S. have published reports concluding that there are potential health and environmental impacts associated with noise from leaf blowers and have taken measures to prohibit equipment over a certain noise level. In order to control the harmful effects of noise, the World Health Organization recommends a general outdoor noise level of 55 decibels or less, and 45 or less for sleeping restfully.  Both gas and electric leaf blowers will generate noise; however the decibels range considerably for different types of models. Operationally, electric leaf blowers can be quieter based on the way they are used.

 

Operational Effectiveness:

Electric leaf blowers can be simpler for users, who do not need to purchase and have oil and gas on-hand to repeatedly fill the equipment.  Maintenance associated with combustion engines is no longer needed.  Technology for leaf blowers has significantly changed over years, these advancements have allowed alternatives to gas leaf blowers to provide the similar results when compared to battery or electric powered equipment. Leaf blowers come in a wide variety of styles such as handheld, backpack and walk behind.  They also come in wide range of air speeds and noise ratings.  Below are average characteristics comparing gas and electric/battery leaf blowers:

 

 

Gas

Electric/Battery

Equipment cost*

$99-$780

$20-$400 (with extra battery)

 

Co2 Emissions production for 1 hour of operation**

2,885 lbs.

117 lbs.

Run time**

47-68 min

53-174 min (depending on battery configuration)

Noise

70-75 dB at 50 feet

56-65 dB at 50 feet

*Cost based on models sold at common hardware stores (I.e., Home Depot)

**Based on data collected by QuietCleanPDX.org

 

Recognizing the need to protect maintain the health and quality of life of their communities, more and more municipalities are limiting and/or phasing out gas-powered leaf blowers in the US, including Naples and Key West, FL; Greenwich, Connecticut; Westchester, New York; Burlington, Vermont; Cambridge, Massachusetts; and Washington D.C.

 

In October 2021, the State of California adopted Assembly Bill 1346 to ban the sale of gas-powered small off-road engines, many of which are used in lawn and garden equipment, such as leaf blowers, commercial utility equipment and specialty vehicles. The law will require newly sold small-motor equipment primarily used for landscaping to be strictly zero-emission by 2024.

 

The following amendments are proposed to Chapter 46 of the City of Miami Beach Code:

 

  • Sec. 46-232. - Regulations on the use of leaf blowers.
  • The use of gas-powered leaf blowers is prohibited within the city. Battery- and electric-powered leaf blowers may be used within the city, consistent with the regulations set forth in section 46-152 of the City Code.
  • Encourages operational use of leaf blowers in a way that results in less of a noise disturbance including not continuously running equipment and using equipment with a low decibel range (65 dB or less).
  • Sec. 46-233. - Temporary suspension for storm and hurricane cleanup.
  •  In the event of a hurricane, tropical storm, or similar extreme weather event, the City Manager, in their sole discretion, may temporarily suspend the provisions of this article to allow the use of leaf blowers for debris cleanup.
  • Sec. 46-234. - Establishment of enforcement and penalties.

Similar to City’s regulation on polystyrene (Sytrofoam), plastic straws and stirrers, the Ordinance proposes a phased implementation including education and outreach:

  • Beginning on February 1, 2022, and extending through October 31, 2022, the city shall engage in public education efforts to inform residents and landscape maintenance companies of the provisions of this article and to provide assistance with identifying alternatives to gas-powered leaf blowers.
  • Beginning on November 1, 2022, the city shall provide for a nine-month warning period through and including July 31, 2023, during which the code compliance department shall issue written warnings for violations of this article.
  • Beginning on August 1, 2023, the code compliance department shall fully enforce the provisions of this article.

 

The City’s Environment and Sustainability Department will collaborate with the Marketing and Communications Department on public outreach during the public education phase. This will include targeted communications with property owners and landscaping companies.

SUPPORTING SURVEY DATA

44% of residents are either very satisfied or satisfied with the city's efforts to be a "green" or sustainable city. 

CONCLUSION

The Administration recommends the Mayor and City Commission adopt the ordinance for first reading.   

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Environment & Infrastructure - Reduce greenhouse gas emissions and heat.
Legislative Tracking
Environment and Sustainability
Sponsor
Commissioner Mark Samuelian and Co-sponsored by Commissioners Fernandez, Richardson and Meiner

ATTACHMENTS:
Description
Attachment A: Sustainability Committee Motions
Ordinance