§ 219 Leaf Blowers.

1. Purpose and intent. The Township of Montclair hereby finds that the use of gas-powered leaf blowers impairs the health and social welfare, as well as the peace and quality of life of persons residing and working in Montclair. The purpose of this section is to eliminate the adverse impact of such equipment by prohibiting its use within the Township. This section shall apply to all properties within the Township whether publicly or privately owned.

The Township further finds that the practice of blowing leaves and other debris for property maintenance has unintended environmental and health consequences. The blowing of leaves, dust and debris, causes fine particulate emissions and disruption to pollinator habitats. Exposure to fine particulate matter may impact workers using this equipment, those living with respiratory conditions, children, as well as others, and the Township encourages community education regarding alternatives to such use, where possible. It shall be the policy of the Township to balance leaf blowing with mulching fallen leaves into grassy areas and moving leaves into flower beds to be used as organic mulch material.

2. Definitions. The following definitions apply to this Chapter.

a) LEAF BLOWER: A device that is commonly or primarily used, designed or operated to produce a current of air for the purpose of pushing, propelling or blowing leaves, dirt, gardening or grass clippings and cuttings, refuse, debris, chemical mists, pesticides, or other similar material, whether portable and carried, or walked behind, or attached to a tractor or similar machine.

b) GAS-POWERED LEAF BLOWER: A leaf blower that is powered by an engine using gasoline or a mixture of gasoline and oil blend as fuel. An electric-powered leaf blower that is plugged into an operating generator that is powered by an engine using gasoline or a mixture of gasoline and oil blend as fuel shall be deemed a gas-powered leaf blower.

c) ELECTRIC-POWERED LEAF BLOWER: A leaf blower that is powered solely by an electric motor, whether using a battery or a cord.

d) AIR QUALITY ACTION DAY: An Air Quality Action day is called when the ozone and/or particulate matter forecasts reach an Air Quality Index (AQI) of orange (unhealthy for sensitive groups), red (unhealthy), or maroon (very unhealthy).

3. Limitation on use of leaf blowers.

a. Gas-powered leaf blowers are not permitted to be used within the Township of Montclair, effective October 15, 2023.

b. Electric leaf blowers shall be permitted throughout the year, subject to the following conditions:

i. Air quality action days. Notwithstanding the aforementioned, leaf blowers shall not be operated in the Township of Montclair on dates designated as “Air Quality Action Days” by the New Jersey Department of Environmental Protection and declared by the Township’s Emergency Management Coordinator.

ii. No gas or diesel generators may be utilized to power any electric leaf blowers at any time.

c. Hours of use.

i. On weekdays between 9:00 a.m. and 6:00 p.m., except that leaf blowers may be used by an occupant or owner of the premises between 9:00 a.m. and 8:00 p.m.

ii. On weekends between 10:00 a.m. and 6:00 p.m., except that leaf blowers may be used by an occupant or owner of the premises between 10:00 a.m. and 8:00 p.m.

4. Safety equipment. Business operators shall provide their employees using leaf blowers with appropriate equipment to protect employees' health. Business operators shall further ensure that employees use appropriate personal protective equipment while operating leaf blowers.

5. Emergencies. The Emergency Management Coordinator is authorized to suspend any one or more of the provisions of this section for a period of 24 hours or more whenever such Coordinator determines that an emergency situation exists in the Township. Such suspension may be renewed each day during the continuance of such emergency.

6. Violations and penalties. Any person who violates any provision of this Chapter, shall, upon conviction thereof, be subject to a fine of up to $250 for the first offense, up to $500 for the second offense, and $1000 for a third or subsequent offense.

7. Severability. The provisions of this Chapter shall be severable. In the event that any portion of this Chapter is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the Chapter actually adjudged invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.