Ordinance 11-2017 Environment ORDINANCE NO. 11-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 42,ENVIRONMENT,OF THE TOWN'S
CODE OF ORDINANCES AT ARTICLE V NOISE, SECTION 42-
197 SPECIFIC ACTS PROHIBITED TO INCLUDE A NEW
SUBPARAGRAPH SO AS TO PROHIBIT THE USE OF
GASOLINE POWERED LEAF BLOWERS ON ANY
PROPERTIES WITHIN THE TOWN CONSISTING OF LESS
THAN ONE ACRE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council finds that frequent use of gas powered leaf blowers in
residential and commercial districts within the Town creates excessive noise, emits fumes, and
creates annoyance for persons of normal sensitivity; and
WHEREAS, the Town Council wishes to prohibit the use of gas powered leaf blowers
within the Town on properties of less than one acre in size; and
WHEREAS, the Town Council wishes to provide a reasonable phase-in period after
adoption of this Ordinance during which Town staff can conduct outreach to inform and educate
residents and landscape maintenance companies of the restrictions created by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 42 Environment, Article V Noise, Division 1 Generally, Section
42-197 Specific Acts Prohibited, of the Town's Code of ordinances is hereby amended by adding
a new subsection(12)to read as follows:
"(12) Gasoline powered leaf blowers.
(a) Definition. Leaf blowers shall mean any air blowing machine that
uses a concentrated stream of air to push, propel or blow dirt, dust,
leaves, grass clippings, trimmings, cuttings, refuse or debris.
ORDINANCE NO. 11-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 42, ENVIRONMENT, OF THE
TOWN'S CODE OF ORDINANCES AT ARTICLE V NOISE,
SECTION 42-197 SPECIFIC ACTS PROHIBITED TO
INCLUDE AT A NEW SUBPARAGRAPH SO AS TO
PROHIBIT THE USE OF GASOLINE POWERED LEAF
BLOWERS ON ANY PROPERTIES WITHIN THE TOWN
CONSISTING OF LESS THAN ONE ACRE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council finds that frequent use of gas powered leaf blowers in
residential and commercial districts within the Town creates excessive noise, emits fumes, and
creates annoyance for persons of normal sensitivity; and
WHEREAS, the Town Council wishes to prohibit the use of gas powered leaf blowers
within the Town on properties of less than one acre in size; and
WHEREAS, the Town Council wishes to provide a reasonable phase-in period after
adoption of this Ordinance during which Town staff can conduct outreach to inform and educate
residents and landscape maintenance companies of the restrictions created by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 42 Environment, Article V Noise, Division I Generally, Section
42-197 Specific Acts Prohibited, of the Town's Code of ordinances is hereby amended by adding
a new subsection (12) to read as follows:
"(12) Gasoline powered leaf blowers.
(a) Definition. Leaf blowers shall mean any air blowing machine that
uses a concentrated stream of air to push, propel or blow dirt, dust,
leaves, grass clippings, trimmings, cuttings, refuse or debris.
(b)
Section 2.
The use of gasoline powered leaf blowers is prohibited on any
property within the Town which is less than one acre in size. This
prohibition shall be effective as of October 1, 2017.
Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can be
given effect without the invalid provisions or applications, and to this end the provisions of this
Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict
with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of
the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as provided
bylaw.
2
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 14th day of March, 2017, and for second and final
reading this 13th day of April, 2017.
Richard M. Kleid, Town Council President
~.un~
Danielle H. Moore, Council President Pro Tern
ATTEST:
P \DOCS\13 ! 56\00008\DOC\IRR5910.DOCX
3