Environmental Commission seeks year-round Sunday ban on blowers
of The Montclair Times (NJ) Wednesday, August 03, 2005
www.montclairtimes.com/page.php?page=10218
By ERICA ZARRA
Landscapers may have to stop their engines.
To reduce noise, fumes and complaints, gas-powered leaf-blowers have long been prohibited in Montclair during the summer. Municipal officials now are considering tightening the law by banning professional landscapers from using them on Sundays, too, in the spring and autumn months.
James Sherman, chairman of the Montclair Environmental Commission, suggested strengthening the already stringent ordinance during his group’s presentation to the Township Council on July 26.
“We feel that noise is a major quality-of-life issue,” he said.
The municipal code now mandates that leaf-blowers may only be used from Oct. 1 to Dec. 15 and from March 1 to June 30. Sherman would like to impose the Sunday ban during this time.
Although expanding the ordinance was barely discussed after the commission’s report, many people see its adoption as probable, especially in a town that once had outlawed the use of leaf-blowers in the early 1990s.
“We are conceptually supportive of this idea, but a lot of research still has to be done,” Township Manager Joseph Hartnett said. “It’s tricky because we don’t want to go to court for discrimination of landscapers. How can you stop them, but still allow people to use leaf-blowers [on Sundays]? Usually, a uniform standard is set that applies to everyone.”
Since it is illegal to outlaw leaf-blowers, municipal officials will have to adopt a comprehensive noise ordinance should they want to pursue Sherman’s proposal.
Studies conducted by the World Health Organization recommend general daytime outdoor noise levels of 55 decibels. Enforcing a standard volume scale would go beyond leaf-blowers. It would also apply to other domestic tools and agricultural equipment, construction, stereos and even to people’s voices.
“There’s no point in passing a law you can’t realistically enforce,” Hartnett said. “We’d have to layer the ordinance, like prohibit a machine if it makes noise and emits fumes, etc.”
Municipal officials are considering conducting a community survey to gauge residents’ opinions on this issue.
But landscapers such as Jim Siclari, owner of Montclair-based Ace’s Industry, oppose extending what they consider an already rigid ordinance.
“It’s a pain the neck,” said Siclari, who was just issued his first summons for using a leaf-blower last week, and on second offense could get a $250 ticket. “It’s just so hard for my guys to remember the rules when they’re in Montclair, especially if we’re coming from a job in Glen Ridge or East Orange, where there isn’t that law.”
Siclari said prohibiting professionals from using leaf-blowers on Sundays, especially in the autumn, would affect quality and cost. In a business where fees are levied by the hour, customers will feel the economic pinch.
“Homeowners will be billed phenomenally,” Siclari said.
Ace’s Industry services almost 90 homes in the township. When raking Upper Montclair Avenue or Christopher Street lawns, Siclari estimates it could take his crew up to eight hours, compared with two hours when using leaf-blowers.
“We need more guys, it takes longer, and is expensive,” Siclari said. “I can’t think of why they’d extend the law, except maybe if people with allergies are bothered [by leaf-blowers].”
Gray Russell, Montclair’s environmental outreach coordinator, acknowledged that people’s concerns go beyond noise.
“It’s about health, too,” he said. “The leaf-blower engine is more exposed than a lawnmower’s, so you’re getting dust, dirt, and dog feces into the air. Still, you cannot make a change like that and not expect landscapers to object.”
The Professional Landcare Network, an international association serving lawn maintenance specialists, has addressed such concerns by promoting newer, quieter leaf-blowers that release fewer emissions. The group also recommends landscapers not operate loud tools in the early morning.
With those changes made, Professional Landcare Network representatives do not see the need for a new ordinance.
“This does not make sense because there’s a lot more homeowners [in a town] than landscapers, especially when it comes to working on Sundays,” said Tom Delaney, director of governmental affairs for the network.
“Unfortunately, too many laws and regulations happen because of one landscaper who might have been too loud on one Sunday. It’s poor understanding treated with a quick response. Good sense and education work better than laws and regulations. Legislators tend to overreact,” he said.
According to the Montclair Municipal Clerk’s Office, all professional landscapers must have a license to operate in the township. To obtain one, they need to show proof of liability insurance for their vehicles, and present a list of their Montclair customers, including their addresses.
A $50 fee per truck is charged for a license that is valid for one year, and must be renewed each Oct. 1.
The municipal code also states that from Oct. 15 through Dec. 1, leaves may only be raked into the street immediately adjacent to the curb or placed in biodegradable bags. From April 1 to April 30, leaves may be disposed of in biodegradable bags only.