Chapter 36.24
PROHIBITION OF PORTABLE GASOLINE ENGINE POWERED LEAF BLOWERS
Sections:
36.24.020 Prohibition of use of portable gasoline engine powered blowers.
36.24.040 Penalties and enforcement.
36.24.050 No conflict with Federal or State law.
36.24.010 Definitions.
For purposes of this chapter, the terms below have the following meaning:
A. “City” means the City of Coronado.
B. “Leaf blower” or “leaf blowers” means any portable, hand held or backpack air blowing machine that uses a concentrated stream of air to push, propel, or blow dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris.
C. “Person” means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized. (Ord. 2094 § 3 (Exh. A), 2019)
36.24.020 Prohibition of use of portable gasoline engine powered blowers.
It shall be unlawful for any person within the City limits to use or operate any leaf blower powered with a combustion or gasoline engine. (Ord. 2094 § 3 (Exh. A), 2019)
36.24.030 Leaf blower curfew.
It shall be unlawful for any person within the City limits to use or operate any leaf blower, whether it be electric powered or otherwise, within 100 feet of a residentially zoned property between the hours of 7:00 p.m. and 7:00 a.m. (Ord. 2094 § 3 (Exh. A), 2019)
36.24.040 Penalties and enforcement.
A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. If it is determined a violation of this chapter has occurred, a written warning will be issued to the perpetrator to document the violation and to provide notice of potential penalties that will apply to future violations.
C. Following the initial written warning, each subsequent incident of a person in violation of this chapter is an infraction subject to a $100.00 fine or otherwise shall be punishable in accordance with Chapter 1.08 CMC. Enforcement of this chapter shall be the responsibility of the City Manager or his/her designee. In addition, any peace officer or code enforcement official may also enforce this chapter.
D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
E. Any violation of this chapter is hereby declared to be a nuisance.
F. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any person against the City or its agents to compel public enforcement of this chapter against private parties. (Ord. 2094 § 3 (Exh. A), 2019)
36.24.050 No conflict with Federal or State law.
Nothing in this chapter is intended to or shall be interpreted as conflicting with any Federal or State law or regulation. (Ord. 2094 § 3 (Exh. A), 2019)
36.24.060 Operative date.
This chapter shall become operative as to any person on January 1, 2021. (Ord. 2094 § 3 (Exh. A), 2019)