Newton’s new ban on gas-powered leaf blowers begins on Memorial Day and continues until Labor Day.
The Globe’s John Hilliard reminds us about the specifics…
Thanks to a new set of rules approved by city councilors in January, only one battery- or electrically-powered leaf blower at a time can be used per lot from Memorial Day to Labor Day.
The same regulations also bar gas-powered leaf blowers from use during the summer.
The rules, which also apply to city workers and contractors, impose a 65-decibel noise limit on the devices
This ordinance is good news especially on windy summer days. I dread going near properties while walking or cycling when the multi-blower landscapers are working. Too many of them blow debris directly on to the road.
Can someone start some more laws for me? I’d like to ban long backups on streets. I’d like to ban not moving quickly when a light turns green (helps to let more cars get through). I’d like to ban the marathon which cuts off North / South traffic (if we build bridges over Commonwealth, that’s ok). I’d like to ban kids playing loudly which interrupts my enjoyment of the birds. I’d like to ban families bigger than 6 which consumes too many earth resources. I’d like to ban making more than $75k per year to prevent income inequality. I’d like to ban ugly people who diminish my enjoyment of good looking things. I’d like to ban bikers since almost none of them obey all traffic rules/signs. I’d like to ban cancer. I’d like to ban the purchase of anything not biodegradeble. I’d like to ban all pesticides from newton. I’d like to ban all amazon deliveries since it causes too much stop and go car wear and tear on delivery vehicles. I’d like to ban make up – people should be happy to look as they do without fake stuff. I’d like to ban anything that makes you or your things look better than anyone else or their things. I’d like to ban luxury cars since they are a waste of money and make me feel bad. I’d like to ban ……. the desire to over regulate.
Colleen,
I can understand a neighbor being annoyed by leaf blowers, but a person passing by has absolutely no right as to what a private homeowner can or cannot do on their property (sans real illegal activity, nudity etc)
Hope this is not a slippery slope for other restrictions. I’m guessing smoking outside ones house will be next, we would not want a passerby to inhale that harmful smoke
Bugek,
From your comment, I gather that landscapers, and any and all of us for that matter, have an absolute right to blast filth containing animal feces, rubber dust, filthy two-cycle engine exhaust and anything else we may happen to want at bicyclists, pedestrians, children walking to and from school and anybody else who happens to be passing by our properties in Newton whenever we or the landscapers feel like it. How about ignoring red lights, speed limits, pedestrian rights of way, etc., etc., etc., too?
Oh, and violating the law regulating the use of leaf blowers in Newton is a “real illegal activity” just like running a red light, speeding, ignoring a pedestrian right of way, etc.
@bugek said: “but a person passing by has absolutely no right as to what a private homeowner can or cannot do on their property.”
There are plenty of long standing counterexamples to your claim (zoning, leaf burning, …), but public noise ordinances are probably the relevant best example here.
Massachusetts, and Newton specifically, both say that noise at your property line can be no higher than 10dBA above average background noise level measured at the property line. That’s about double the perceived loudness of ambient. Other municipalities have more specific regulations: Boston specifies a 50dBA limit between 11:00PM and 7:00AM, and no higher than 70dBA other times.
And sure, it might be easy for some to label noise ordinances similarly as “overregulation”. Well, until your neighbor’s kids have a loud party until 3AM.
Fair-minded people may well disagree on exact noise levels and strictness of enforcement. But your “absolutely no right” claim describes a libertarian political philosophy, not municipal or legal reality in most any community. And that’s been true since at least the 70’s.
So is the complaint the pollutants/dust, the emissions, or both?
If it’s the pollutants/dust, than why aren’t we banning electric blowers, movers, and weed-whackers? Street-sweepers kick up some dust as well. Where’s the outcry?
Maybe it’s the emissions? If that’s the case, why aren’t we banning all non-electric engines that power our yard equipment. Take it a step further and ban all non-essential gas powered machines. So much for owning a classic car. Of course, where do we get our electricity? What are the source emissions from charging electric motors? How do power plants generate power? How do we obtain those fossil fuels? What’s the environmental impact? Is it better or worse than using a gas powered leaf blower?
Then there’s the noise issue. We had better ban chainsaws, circular saws, and blenders while we’re at it, as they all are louder.
I compare this to the First Amendment. We may not like what everyone has to say, but it’s a small price to pay to enjoy the freedom that it provides. We don’t pick and choose what can and can’t be said, even when it seems that we should. We don’t do this because we know it’s a slippery slope that will eventually erode the very freedom we are trying to protect. Are leaf blowers as important as the Freedom of Speech? No. However, where do we draw the line? History shows that the degradation of freedom almost always starts small.
Randy, I think the logical extension of your argument is that, if Colleen, or anyone for that matter, wishes to ride their bike or walk on or otherwise enjoy our public ways without having to breathe the clouds of health-hazardous dust and two-cycle engine exhaust from leaf blowers, there shouldn’t be any laws restricting this pollution, and perhaps they should personally attempt come to come to an agreement with the homeowners or landscapers generating it. Should they just ask them to stop doing this while they ride or walk by, or be willing to pay them to stop or, if no laws govern this, and all else fails, take some direct physical action to force them stop it? Or should Colleen just not bike, walk or even drive in Newton to avoid this, even though she pays her share in taxes to maintain its sidewalks, roads and other public infrastructure? Or should she and all of us who are concerned about the effects of this pollution on our health and well-being move to communities which do restrict the use of leaf blowers and leave those of you who enjoy or are willing to tolerate this pollution in Newton free to do so? (Please forgive this really silly response. I do realize we all well understand and accept that, although each of us would like to be able to do anything we want whenever we want, the reality is that, for our mutual protection and well-being, we do live in a society governed by laws.)
Alex,
I think you missed my point. Where do you draw the line? Leaf blowers are only one of many sources of airborne pollutants. I’m not saying that we should live in a world where everyone should be able to do whatever they want, whenever they want to. However, even if we draw the line at outlawing anything that creates a negative health impact, there won’t be much left that we’re allowed to do. Again, it’s a slippery slope.
We live in a world of slippery slopes, but that is what democracy is all about. If you think society must deal with all its ills at the same time or none of them, you just don’t like government. Here is a very brief review of how this law came to be. The Program and Services Committee must have had a dozen meetings about this. One entire meeting was devoted to hearing from landscapers, only landscapers. Nobody else. There were demonstrations of different kinds of leaf blowers (including an amazingly quiet battery powered blower that clearly was adequate for summer use, if not year-round, and if you don’t believe me watch the video on youTube). There were two full-blown public meetings where every screamer in Newton on both sides spoke (and many of them actually screamed), as well as some very eloquent people who spoke very reasonably. There were two full City Council meetings. There were enough written submissions to fill up a couple of large filing cabinets. Everybody had his or her say, over and over, and over.
At last there was a vote. 20-4. The landscapers won. Instead of completely banning the awful things, the City Council simply changed the enforcement mechanism from 65 dB as measured, to 65 dB as rated by the manufacturer. The permitted volume was left the same as before. No limit on the number of machines in use at one time, except in summer (when there are few leaves to blow). Only electric in the summer (have you actually smelled a gas blower in the summer? You think that should be legal?). Again, in summer all they blow is grass clippings and a whole lot of dust. Basically, the new law is no more than a token gesture, but you’d think the sky had fallen.
A huge number of comments said something like: “What next? Will they ban snowblowers, lawnmowers, cars, you-name-it.” But they didn’t ban anything; they only limited the use of leaf blowers, slightly. And if they ever do ban something, it will be after going through the whole process again. There is a name for this process, by the way. Democracy.
Now, here in America, even democracy is constrained by the Constitution. Get yourself a copy and see what it has to say about leaf blowers, then get back to us.
No one should be surprised when the item on the docket will be:
It was not about leaf blowers, but the noise… so expect more restrictions
– gas powered lawn mowers
followed by
– no motor bike usage before 7am and after 10pm
– no Newton homeowner can use a ‘classic car’ built before 1970’s as they are exempt from emission controls and probably noisey.
– Might as well add in ‘No more than 5 kids in your backyard’ as their screaming/shouting/laughing may interrupt the peace of a passerby
– chainsaws, even worse than leaf blowers… any trees must be ‘hand-sawn’ for removal!
I hope democracy continues to work as those council members who voted for the leaf ban get voted out next elections…
For reference, here’s a link to Newton’s existing noise ordinances:
http://www.newtonma.gov/civicax/filebank/documents/45829
(scroll down to 20-13, or search for “Noise”). From the text, I would guess at least a reasonable amount of the ordinance dates back to 1983.
Selected snippets (most measured 50′ from the source of the noise, or from the nearest property line, whichever is less):
Vehicle limits (stationary or moving):
* All vehicles over 10,000 lbs. GVW or GCWR: 86 dBA
* All Motorcycles: 82 dBA
* Automobiles and light trucks: 75 dBA
Construction site limits:
* Backhoe, bulldozer, concrete mixer, dump truck, loader, paver, pneumatic tools, roller, scraper : 90
* Air compressor: 85 dBA
* Generator: 90 dBA
* Electric drills, sanders, saws (except chainsaws) or other power tools of all types, whether hand held or otherwise: 75 dBA
Yard, Garden, and Maintenance Equipment:
* Commercial Chipper, 3 1/2 inch or greater limb capacity (running at full speed but not chipping) : 90 dBA
* Commercial truck-mounted leaf vacuum: 90 dBA
* All other equipment, including home tractor, lawn mower or trimmer [emphasis added]: 65 dBA
Nighttime catch-all:
Between the hours of 11:00 p.m. and 7:00 a.m. no person or persons shall disturb the peace by causing or allowing to be made any unreasonable or excessive noise, including but not limited to such noise resulting from the operation of any electronic device, or from the playing of any band or orchestra, or from the making of excessive outcries, exclamations, or loud singing or any other excessive noise by a person or group of persons, provided however, that any performance, concert, establishment, band group or person who has received and maintains a valid license or permit from any department, board, or commission of the City of Newton authorized to issue such license or permit shall be exempt from the provisions of this section. Unreasonable or excessive noise for the purposes of this section shall be defined as 5dB(A) or more above background level when measured not closer than the lot line of a residential lot or from the nearest affected dwelling unit.
Bugek:
I’m willing to bet that absolutely nothing like that will happen. Considering the reaction and long time frame to get a simple change to the leafblower rules made, the sky is falling reaction here is really just silly. I challenge you and others to come back to this post in one year and five years. The slippery slope argument won’t age well.
Also, look around at our surrounding cities and towns. Many have adjusted the rules on leaf blowers, none have banned anything else. The sky hasn’t fallen there as well.
Also, I find it ironic that in my view, the leaf blower side actually won this debate. The restrictions are the bare minimum the council could pass with a straight face and call it reform.
And I echo Mike’s report above. Every jurisdiction in MA that I know of has a noise ordinance law. Most in NH,VT, ME do as well. Why? Because sometimes you can’t pick your neighbors. You want those standards when your neighbor is a jerk or makes your life miserable. Because sometimes communities need standards. We like standards on zoning, historic districts, noise, permitting, etc, when it suits us. It is what prevents the 6 story apartment building in your residential neighborhood filled with amateur rock band participants who only practice at night by the light of their leaf burning. Sometimes folks disagree on the standards, but the existence of such standards isn’t an affront against democracy, it is the glue that holds us together as a community. Let’s stop the argument that this is major infridgment on freedom or the rights of landscapers. Communities are made of up people, people make the political process, the political process wound its way very slowly to this decision. Neither side got what it wanted. Both sides got to lobby and argue and yell. And the end result was this compromise. All regulation isn’t bad. Don’t be that person that argues for regulation when it suits you (zoning/permitting/historic districts/tear downs) and craps on the concept of sensible regulation when you don’t like the end result. You can of course argue that the regulation is overblown, or a bad fit, or takes away a useful tool. And everyone gets to fight for their positions in the court of public opinion and in front of the council, and everyone has the power of the voting booth. But arguments that this regulation is a slipperly slope to loss of freedom, banning noise from kids, banning motercycles, etc. C’mon now.
Here’s my bottom line thought: Let’s see how this works this summer. The new rules should make enforcement easier. Hopefully the noise will be less. Hopefully the landscapers are able to easily adjust. Let us let the situation on the ground play itself out and perhaps let the rhetoric from the debate die down a bit. Then in a year or two we can all revisit.
Mike, thanks for making the info convenient here. To give further context to the time restrictions (from the same document):
“…the generation of any noise from all electric motors and/or internal combustion engines
employed in yard, garden, or grounds maintenance is prohibited except during the following time periods:
(A) Between 7:00 a.m. and 8:00 p.m. on weekdays; or
(B) Between 9:30 a.m. and 8:00 p.m. on Saturdays, Sundays and legal holidays”
An office building in my neighborhood has been particularly obnoxious about ignoring the weekend hours- using multiple gas blowers to…sweep the garage. One reason I welcome the restrictions.
Here’s a bizarre leaf blowing story from this morning. I pulled into an office parking lot and made a phone call. While on the phone a,workman was cleaning the parking lot with a whopper of a leafblower. Not a leaf in sight, just blowing dirt around.
I wasn’t paying any attention until I turned and saw the end of the blower, about two feet away pointed right at my window.
Apparently he realized that he had blown dirt on my car and was now “cleaning”my car. If I had a brand new car rather than a beat up 15 year old Civic I might not have been too happy.
To be clear – this wasn’t Newton. Our guys would never do such a thing:-)
Jerry, that guy was a real blowhard. 😉
The ban on gas blowers has now been in effect for three days. I have seen gas blowers all over the place, and not even one battery blower. I told one guy who was using a 77 dB Redmax that I was calling the police. He said he was just doing what his boss told him to do.
They’re testing us now, to see whether we really mean it. If we act like we really mean it, they’ll say we are harassing them. And then we’ll hear “What next?” Like a parrot. “What next? What next? What next? Are they going to ban lawnmowers, snow blowers, electric guitars, blah, blah, blah.” They convince themselves that they are freedom fighters, when actually they are nothing but scofflaws. It is clear to me that that there is a group of people in Newton who think they get to decide for themselves what really is the law. And they get away with it because most people don’t want to make a fuss. They’d rather suffer. Then the scofflaws win.
It’s worth remembering. Law is not what the city council enacts. Law is what goes on out in the street. If you really want the summer ban on gas blowers to work: when you see or hear a gas blower, CALL THE COPS.
It’s been noticeably, and awesomely, quiet in the mornings. Two thumbs up for this change!
I have seen mostly gas blowers as well. On the plus side, at least right where I live, the guys are using them a little less. This is going to take some time and maybe education and follow up to get it done.
Meanwhile, some Newton landscapers sued the city in Superior Court to have the new leaf blower law declared invalid as unconstitutional, violative of state law, etc. They asked for a preliminary injunction, but it was denied. They then voluntarily dismissed the suit. I imagine that will be the end of it. I don’t know why they bothered; it seems that simply ignoring the law is working quite well for them and there are no legal fees involved.
It is quieter than in the past; less leaf blower use. The quality of life has improved, a bit. They are still using the big gas leaf blowers, however. It may be that the landscapers are testing to see how far they can go. When Autumn comes we’ll see.
I just got back from my “elderly fitness” walk. What a difference a year makes! Last year, it was impossible to escape landscapers’ leaf blowers. But today i wasn’t blasted by the horrendous noise and could enjoy quiet and hear birds singing for the entire walk. I didn’t have to breathe filthy two-cycle engine exhaust and dust, and Newton’s lawns and gardens still look great! Thank you so very much Newton City Council for enacting, and thank you landscapers for complying with the new leaf blower ordinance! But, if you are one of those landscapers who are breaking the law, I would like to believe that you don’t realize you are still stealing precious moments of others’ lives. Please comply with the law. Thank you.
Leaf blowers do not “clean”, they just blow the dirt somewhere else, much of it only to be blown back sooner or later. Most other locations are worse places for dust to settle than the ground. Consider that this dust has not only sand and salt, but also brake dust, asphalt particles, particles coated with automotive fluids (engine oil, antifreeze, transmission fluid, brake fluid), none of which are good to inhale, many being carcinogenic and/or toxic. Consider that this dust contains abrasives (sand, brake dust) and corrosive particles (salt, snow-melt) which will cause increased wear and tear when they settle down in the engine compartment of a car. When the rapidly swirling air enters a car’s engine compartment, it slows down and deposits a significant portion of the particles it is carrying. Owner’s manuals for cars say that if a car is driven in dusty conditions, its oil and various filters need to be changed twice as often. When leaf blowers are used, they expose cars to this type of abuse even when the car is sitting still! Coating an engine with salt and sand is just about the worst thing that can be done to it!
When this dust settles on the furniture in your home, you have to be careful when cleaning it off. It is much more abrasive than regular dust, causing damage to surfaces, if it is wiped around on them.
Leaf blowers were invented to blow leaves once a year, assuming there is a place to blow the leaves to (not your neighbor’s yard!). Using them to blow dust all over the place on a regular basis is sheer insanity.
How can leaf blower proponents claim to care about immigrant workers when they are working them to become deaf? Leaf blowers are just a quick, dirty, and dishonest money-making gimmick for companies who can fool their customers in to believing that they are actually doing something productive for them.
Hooman and others, please, join us at http://www.meetup/newtonsafeandsound/
We are working hard for restricting on leaf blowers and we are proud of our recent success with he new ordinance.
NEWTON SAEF AND SOUND is a citizen group, working to regulate leaf blowers in Newton since 2014
Hooman Bustani’s comment clearly and concisely states the truth and, though I hate to say it, I rescind any accommodation to landscapers in my previous comment. Landscapers know perfectly well that they can do their job without leaf blowers, though then they won’t be able to charge to blow water around on grass in the rain, or for three or four workers to blow a handful of leaves and dirt back and forth between them over and over again, and up and down the street, and to blast toxic filth at children, pedestrians, bicyclists and passing cars, etc. The City Council and the Superior Court have spoken. And customers who pay landscapers to break the law are complicit in the violation.