Thanks to Lucia Dolan for calling this to our attention on the Village 14 Facebook page.
Public Comment on Noise Control Ordinance tonight at City Hall, 7:45, rm 222. “The Aldermen’s Programs & Servies Committee would like to welcome public comment on the following item: #329-05(3). Alderman Yates requesting a discussion relative to amending the noise control ordinances to (A) prohibit the cumulative noise level from multiple pieces of equipment operating simultaneously on the same site to exceed the maximum noise levels allowed when measured at the nearest lot line and (B) to eliminate various exemptions in residential districts.” pg. 18, Newton TAB, 3/21/12
We’ve posted a poll about this on Facebook.
*In a comment here, Alderman Yates says this headline is wrong and doesn’t apply to leaf blowers.
Thank you Greg. Though, I prefer my original title: Hate Leafblowers w/ a Passion?
There is room for compromise, many communities have partial bans, like seasonal bans that prohibit leaf blowers being used to clean up grass clippings, etc., but allow Spring/Fall clean-ups (mainly wealthly communities who can afford to pay attention to ‘quality of life’ issues, Aspen, CO; Santa Barbara, CA; Palm Beach, FL; Rye, NY, etc.)
As Citizens Against Leafblower Mania (CALM) points out, we don’t allow diesel trucks in our residential neighborhoods, but an average gas-powered leaf blower is as noisey as a diesel truck going 40 mph.
I feel another Fox25 Newton story coming 🙂
Really? Wasn’t this put to bed last year or the year before? The arguments made in the past have not changed. Why then is the BOA wasting its time with this? Come on Alderman Yates, how about doing something more constructive with your time?
The idea of a full “ban” is absolutely abhorrent. There are plenty of reasons why residents and their contractors need, want or just plain find it convenient to employ these devices at reasonable times during the day. Despite the fact that I do not use a leaf blower myself, as a property owner I find this type of thing the height of overreach. Why, in the middle of some sunny afternoon, if I want to use a commercially available leaf blower in my yard should the city have the ability to forbid such activity? If it saves me time that I could then be spending on pursuits other than yard work, why should the icy care? Health issues? Please there are plenty of more pressing risks. Noise? Perhaps, but we have reasonable ordinances on the books already for noise control that work just fine.
Here I worry about the slippery slope. If leaf blowers can be banned, then what about lawn mowers and especially snow blowers? With the new shoveling ordinance in place, snow blower restrictions could indeed be a burden. Which is preferable: being out of compliance with the ordinance or risking a heart attack fro shoveling? Lovely choice that one.
Let’s be clear here. If one wants to discuss some form of reasonable regulation, fine. “Banning” though carries with it a rather more substantial burden. Just as we in Newton would consider banning a book to be a bad thing, so too should we consider banning just about any reasonable activity a major no, no.
Please allow me to clear up some confusion. Ald. Yates’ noise item relates primarily to noise from construction equipment, although it could include other types of equipment as well. It was prompted by a resident complaint about a demolition and construction project next door that practically drove her out of her own home.
The other noise item before the Programs & Services Committee tonight is a Resolution to create a task force to review the problem with exhaust emissions, dust and noise resulting from the operation of landscaping equipment, including leaf blowers. The task force would look at what other cities and towns have done to regulate these problems and try to come up with a solution. In an effort to balance the concerns of those who would be affected by further regulation, the task force would include residents, someone from a landscaping firm, landowners such as large institutions and golf courses, an alderman and a mayoral appointee. Other communities have come up with regulations that reduce exhaust emissions, dust and noise from leaf blowers that are fair and easily enforceable.
Please note that the idea of diverse, inclusive group to look at possible regulations was actually suggested to me by several people who own or operate landscaping businesses. So I thought this would be the best way to address the problem. In addition, at least once a week (more frequently with the warmer weather), I hear from citizens who are annoyed by the emissions, dust and noise resulting from the use of leaf blowers and other landscaping equipment in their neighborhoods. Many of them are retired, work at home, or care for small children or elderly parents during the day and are just looking for some relief.
The Headline is wrong! My item is not about Leaflowers at all. It’s about construction equipment like jackhammers and the like that plagued the residents of Helene Road for more than 3 weeks trying to dig out a foundation for a new house in solid rock. The sound made it impossible for residents, particularly those with home offices, to enjoy their homes.
There’s a good reason why some lots have been unbuildable until now. Apparently this builder was trying to avoid the very strict requirements that accompany blasting and instead subjected the neighbors to an intolerable noise burden for several weeks. If you’re going to comment on this item, please get the facts right.
For those who are concerned about leafblowers, Alderman Hess-Mahan has an item tonight in Programs and Services to establish a Task Force to find a reasonable compromise on the topic.
@Eric, I feel I need to correct at least one comment you make. The current noise ordinance does not work. The ordinance requires the measurement of decibel levels with a meter, which police find difficult if not impossible to enforce, since violators frequently stop and wait until the patrol car leaves the area and then resume their noise making activity. Consequently, based on a review of the records, there has not been a single citation issued for violation of the noise ordinance resulting from the use of leaf blowers and other equipment. Or much of anything else for that matter, with the exception of loud parties, which are also a violation of the law against disturbing the peace. That is why some residents are so frustrated.
Alderman Hess Mahan, I saw your stunt a few years back with the leaf blower in the BOA chambers and was unimpressed. If the current ordinance is imperfect, your approach did little to advance the dicussion. Yes, we all know that leaf blowers are loud wben we stand close. They are probably all the louder in a space with the acoustics of your chambers. The fact is though that most of us are exposed to the noise from much further away; across a yard, across the street, perhaps though an open window. The intensity is far less. In fact, it decreased as one over the distance squared. Annoying perhaps, but bannable? I think not.
Having lived in Newton for over 10 years, it is clear that loud noise is part and parcel of the experience. My house is probably about 50 feet from Beacon Street and not more than a block from Zervas. With my windows open, there are plenty of sources of noise out there, many of which are comparable to that of a leaf blower. You know what? I live with them. If noise is the issue, you and your colleagues should tell you constituents to get over themselves at least during reasonable hours. If health is the reason, I await your conclusive proof that these activities pose a risk that justifies an outright ban.
Do you honestly think this is what the city needs now? Is this really an issue so pressing that the BOA should spend time on it? Is it really as important as zoning reform, infrastructure improvements, consolidation of the municipal departments, etc. etc etc.
Aren’t these Alderman just a little embarrassed to be addressing yet another Newton-first-world-desperate housewives’ “issue”?? Newton is now a home of lost wealth, closed business and joblessness, kid perverts, home invaders, bank robbers, drug dealers, impaired drivers, fiscal imbalance, crumbing schools, politically motivated commissions, etc, etc, etc, etc. We’re seeing the same issues Chelsea, Springfield and New Bedford – yet prefer to address lawn equipment, coyotes and swimming holes.
@Hoss and Eric, I respond to constituents when they call, write or email me to ask for help. That is what aldermen do. Sometimes the answer is “no” but I always try to respond. And I am not the least bit embarrassed nor do I feel any need to apologize for that.
I don’t know, Hoss, wasn’t that a little over the top? Do we live in the same city?
Ald, Hess-Mahan, I admit that “these alderman” in a thread that includes your comments should have been more generalized to convey the point that I’d like our toughest issues addressed, and that our City gov’t admit Newton has changed in the last few years. It would only take a few moves or misfortunes from the like of BC, Newton-Wellesley and a few others, and well as some really bad planning to quickly turn this municipality into a much less desirable location. As a resident living among sometimes-sheltered neighbors, I do get embarrassed by lawn blower issues.
Jane, Maybe. I don’t know a lot about Chelsea, Springfield or New Bedford.
Well, Hoss, if private development and city planning are issues you are concerned about, I’m your guy. By far, as chairman of Land Use, I spend more time on reviewing special permit applications for all sorts of projects, large and small, including everything from a mudroom to a major mixed use development to a shopping center. The other issues you mention are really adminsitrative issues that the Mayor’s office and the municipal and school departments have responsibility for. Meanwhile, I will still take the time to respond to concerns from citizens about their particular quality of life issues. I don’t always agree with everyone I talk to, but they all deserve the same respect. I hope that bloggers here will at least show their fellow citizens the respect they deserve, if not their local elected officials.
Word.
Ted, You’re doing great work, and on issues that would take me years to grasp. There’s nothing in your last post that I disagree. It’s a big town we got here — no doubt there’s a ER doc that needs to be well rested at night, an uncomfortable chemo patient or similar situations where we both would be concerned about noise.
Summer is coming though. It’s the time for lawn equipment, home sales and increased crime. I can handle my lawn abbutters but I’ll need help on keeping the home value up and desperate types less desperate!
Ald. Yates – Apologies. It was wishful thinking on my part.
Eric and Hoss – You both seem to miss the point that ‘quality of life’ issues are what enhance our property values and make Newton a desireable place to live.
As for Newton seeing “the same issues Chelsea, Springfield and New Bedford” Maybe, but at no-where-near the same level.
Here’s a report on the environmental and health impacts of leaf blowers by CA EPA: http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf
Lucia – I clearly would not ask my alderman to yell out their ordinance window for neighbors to shut up for the sake of desirable, friendly and community. Sure some things in the first-world zone irk me — strong nighttime lighting, lawn sprinklers spewing our resources, muffler sound-enhancers, stuff flowing out of re-cycle bins that shouldn’t be there, as well as the more generalized issues that i previously mentioned. Yes, I believe the more generalized issues that I previously mentioned are worth shouting about but not the others so much. It’s one community in this postage stamp — there’s no such thing as, in your words, issues that “wealthy communities who can afford to pay attention to”
Alderman Hess Mahan – How many Landscapers are your constituents? What about addressing their concerns?
@Joanne, the reason for including a representative from one of the landscaping firms is to understand their concerns. This is the same process that other communities like Cambridge have followed, in order to tailor an ordinance that balances everyone’s interests.
@Ted,
Can we at least get the landscapers to STOP blowing their waste into the streets? I am sick of rocks, dust and pebbles being blown all over me while I’m walking or on my car when I’m driving. I can’t tell you how many times I have stopped walking and just stood there while the workers ignore that I am on the sidewalk and continue blowing. And unless it would create a traffic or safety hazard, I will stop my car while driving so that my car does not get damaged. I’ve also spoken to more than my share of landscapers and told them that what they are doing is wrong. I can’t tell you how many times it has been suggested to me to do something impossible to myself. It’s no way to treat a lady.
Can you address this issue also?
@TWT, alas, some (not all) landscapers are inconsiderate and blow debris into the street, onto others’ property and at people or pets. The short answer is “yes” that is one of the issues that would be addressed by the task force.
Thank you, that’s all I can ask for.
@Alderman Ted Hess-Mahan: With reference to regulation of emissions from leafblowers, I think there is a question whether local cities and towns have any regulatory power over these engines. I have read (but haven’t had time to confirm) that emissions standards for small combustion engines are governed by the EPA so you might wish to reconsider whether it is worthwhile for a local task force to spend time studying that portion of the matter.
@Lisap, cities and towns absolutely can reduce emissions through regulations that restrict when and how leaf blowers can be used. Numerous communities have seasonal bans and many more restrict the hours and/or days of the week they can be used. In California, where gas powered leaf blowers account for up to 2% of particulate matter emissions, both the state and local governments have limited the use of equipment, particularly in summer when the ozone levels are highest. California also has a number of cities and towns in and around the metropolitan areas where the smog is the worst which ban their use outright.
Lucia, you are the one who misses the point. The issue is far more subtle than you seem to realize. First off quality of life is but one of many issues that impacts property values. Poor infrastructure is another. Maybe this one is just to hard for the BOA to handle so they go for the easy stuff like banning leafblowers.
Second, quality of life is important not only to property values but to property owners. It is, in other words, something that those of us who live in Newton now seek to maximize. The issue then is really one of wondering who are you to say what constitutes adequate quality of life for me; at least within reasonable boundaries? For me, the freedom to blow my snow, blow my leaves, and mow my lawn at “standard” times during the day contributes to the quality of my life. I imagine for others, the freedom to pay landscapers to do this work without having to be charged extra due to the need to use a rake rather than a blower would be a contributing factor to their quality of life.
Aside from extreme cases such as the one alluded to by Aldm. Yates (assuming it is as extreme as his constituents claim), the sounds made by these types of machines, machines that improve the quality of life in one way or another, are basically standard in suburban communities such as ours. Indeed, I would hazard a guess that the vast majority of property owners purchase their plots with the entirely reasonable expectation that these pieces of technology can be used to help maintain their yards. So, when folks like you come along seeking to ban (not limit, but forbid by force of law) activities and behaviors that are viewed by the majority as “reasonable,” it is you who are negatively impacting the quality of life in Newton.
Eric,
Are there no reasonable limits to your notion of property rights?
When you, on your property, run a leaf blower, you create impacts on other property and on the public way: noise and dust. What gives you the right to interfere with others’ property and public space? What kind of freedom is it to make others uncomfortable? Your inherent freedom to pursue suburban lawn values? Your inherent freedom to save money on landscaping services?
What an odd argument Sean. You start by talking about “reasonable limits” and then launch in to some type of sophomore level poli-sci/philosophy lecture about how we all impact everyone else with the implication being that I am advocating absolute property rights. How absurd. My problem is with the idea of banning the activity not regulating it. In terms of noise I would be happy with a limit of the activity between the hours of say 1oAM and 5 PM. Exclude Sundays if you like. In terms of dust, sure write an ordinance requiring that all refuse from such activity landing in the public space be removed by the the offender. I concur completely that dirtying the public way is not acceptable. To me these constitute “reasonable limits.”
Just out of curiosity Sean, I am sitting here in my home office (not working like I should be) with my windows open having to endure my neighbor’s kids making a fair bit of noise outside. It is negatively impacting me (or would be if I were actually working) and making me “uncomfortable.” Do they have a right to make this noise in theor pursuit of “suburban play values”? If not, should I call the police if I am annoyed? Should I call my alderman (Yates in this case) seeking an ordinance disallowing children from making noise when people are home working? If I do not have a right to ban noisy children, then why should leafblowers be banned (not regulated but banned)? Why should my blowing of leaves (not a right, but an activity) be less important than kids playing when each may yield the same level of enjoyment, satisfaction, convenience, call it what you will?
Bluntly, I’m sick of this crap. Gas powered leaf blowers are both obnoxious and noxious. I’m in favor of a complete ban on gas powered leaf blowers in Newton. I’ve allowed my landscapers to use them one time for a spring clean up, and not again until the autumn leaves fall from the trees. But I’m so darn sick of hearing people defend these anti-social, anti-environmental machines, that I’ve decided to instruct my landscaper to discontinue their use entirely on my property.
I am as strong an advocate of personal freedoms as you’ll find in this community. I’m a staunch proponent of private property rights as well. But I draw the line on freedoms and rights, as soon as they negatively impact others. Gas powered leaf blowers diminish the quality of life in Newton. Any controls on their use, including an outright ban, has my full support. I commend Alderman Hess-Mahan for his years long effort to rein in this problem.
Secondarily, I’d like to thank Alderman Yates for recognizing the incredible disturbances to tranquility created by construction equipment. In particular the awful practice of jackhammering ledge.
Ten years ago a developer bought a house across the street from me with an eye toward value enhancement so he could flip the property. He began jackhammering immediately to create a lawned back yard out of ledge. When I called City Hall, Inspectional Services told me to wait it out, and the noise would “go away.” After several weeks of jackhammering six days a week, I finally said screw it. I hired a lawyer and threatened to sue both the developer and the bank that was his lender. Sure enough the jackhammering went away the very next day.
Mr. Striar, I would like to know if all activities that negatively impact neighbors should be banned? Say I want to fly a kite that casts a shadow on my neighbor’s pool. My neighbor may find this negatively impacts his enjoyment of his pool. Should I be banned from flying my kite? Say my neighbor’s leaves blow into my yard in the fall after I have raked mine. Should he be fined for negatively impacting my property?
If not all negatively impactful activities should be banned, then how does the city it decided which ones? Those for which there are enough squeaky wheels? Ot is this more like pornography in that we’ll all know it when we see it? Perhaps you will be the decider for the rest of us.
The issue here is that offense is in the eye or ear of the beholder. In the case of noise, why should one source (leaf blower) be dealt with any differently than another source (kids playing loudly)? Physically noise is noise; a mechanically induced wavelike phenomenon impinging on our tympanic membrane. The only quantity that matters (i.e, the only one that can be used to create an unbiased law) is that which can be measure, the intensity of the sound not the source. If you are going to ban some noise, then in any fair system you really should be banning all noise above a certain level which is of course an absurdity. So either you are happy being unfair, which may well be the case for many people on this blog, or you move away from banning an activity and consider reasonable regulation which balances the interests (not the rights since there really are not any here) of all parties. Perhaps Aldmn Hess-Mahan’s newfound desire to inquire with landscapers on this issue will provide some balance. Some of us can only hope.
Eric asks Mike:
Let me take a stab at it. Because one is offensive without any redeeming social value and the other is the happy consequence of community life.
Yes, the source matters. (Absolute volume matters, too.)
Eric– I understand and appreciate your point. I’m not a big fan of government regulation. But your argument is pretty thin when you try to compare the sound of playing children with the noise of a gas powered leaf blower. Seriously, do you really think the impact of these gas powered leaf blowers on your neighbors is comparable to casting a shadow on their pool with a kite? I think the problem with your argument, is that you’re taking an absolutist position and trying to defend something on the extreme end of the annoyance scale.
So if I tell my lawn service not to use a leaf blower, the gas powered weed-wacker and a lawn mower is fine with everyone? Ok if I take down a couple trees with a chain saw, then use a hydraulic splitter? Is a gas powered pressure washer approved? Generator????
Good grief.
We’re not there yet, but I think that, in relatively short order, the community as a whole is going to recognize that mechanized weekly lawn care is not worth the noise.
Taking down a tree and splitting the resulting logs, that’s a different story.
Sean, I guess you didn’t support this one? http://tinyurl.com/newton-noise
Hoss– I’ll say the same thing to you that I said to Eric… I get it. I understand the slippery slope whenever government starts banning things. But of all the machines you listed, I think gas powered leaf blowers are in a class by themselves, because of how loud they are, and the frequency of use.
Speaking only for myself, while I am concerned about any leaf blowers propensity to send dust and other debris airborne, I’m only in favor of banning gas powered blowers. I think the electric blowers are a reasonable option and therefore present the best compromise.
@Sean, before or after the apocalypse?
So where are the City of Newton workers going to plug in their electric powered blowers when they clean city property?
@Joanne -They will have to bring portable electric generators. Unfortunately, they also run on gas.
Mike Striar — If Joe K 3 made statements that he was for selling pot at neighborhood stores one day, then on another day said leaf blowers should be banned from plant earth; what would we say about his political maturity? What would we say about his focus on and exposure to the deeper issues in life? (Sorry if that is too personal — but that’s what I wonder about when I read when I read what you have written.)
Hoss– I’m not sure what those two topics [legalization of marijuana and gas powered leaf blowers] have to do with one another. I can only point to my own record of being a strong advocate for personal freedom, and supporter of private property rights. It is very seldom that I write anything that favors new government regulations. I think we have far too many laws and regulations already.
I have in the past opposed local zoning regulations governing residential fence height, exterior lighting, political signs, and historic preservation mandates placed on homeowners. I opposed the snow shoveling ordinance in part because I felt it represented a shift of government responsibility onto the backs of homeowners.
The line for me is very clear though. When an activity has a direct negative effect on other people, as gas powered leaf blowers clearly do, I believe it’s appropriate for the government to act in protection of people’s right to enjoy their own property free of excessive noise.
Again, it’s not like there is no readily available alternative to gas powered leaf blowers. Electric leaf blowers can handle most residential jobs just fine. So why are we clinging to this antiquated technology, when there is a perfectly viable alternative?
Ok Mike, so it wasn’t the concept of left blowing where some dusk is generated, and sometimes the crew clears the sidewalk area on to the street — and you’ve recognized that most other lawn equipment and other types of tools make noise — the issue with you is the level of noise versus a possible alternative.
I don’t have outside outlets, and that alternative doesn’t work at larger sites, but as a basic you’ve taken time to explain that you’re for a “live and let be” community to some extent so I am with you on that side and would not want to enter the regulation of certain loud noise where alternatives are possible. Maybe a Prius is better than a loud motorcycle, so I’ll buy the hybrid however I’ll continue to respect anyone’s decision to buy something else.
For many of us, a first big lesson in employment was don’t sweat the small stuff. I think it fits here — i.e., don’t legislate based on pet peeves. That was my concern here
As much as I would like to see leaf blowers banned altogether I do see that that may not be feasible. I do however feel very strongly that they need to be regulated and limited. There are MANY days of the year that I feel as though I’m living at the airport – it’s so loud I have to close the windows on an 80 degree day! This is a quality of life and respect for one’s neighbor issue. If I were to play my stereo outside as loud as some of those gas-powered leaf blowers my neighbors would have the police at my door in minutes!
The worst is when a landscaping company descends on a house with more than one blower (often 3 or more) then it’s absolutely unbearable — the use should be limited to one. I’ve also seen people blow leaves into their neighbors yards as well as into the street — how rude is that!
To those who say suck-it-up that’s life in the modern world and that you have the right to use these — there are some things that are unavoidable and some that are not — this is certainly avoidable.
I would like to see seasonal and noise limitations, banning of 2-cycle machines (they’re the worst – don’t know if there’s a 4-cycle leaf blower made), encouragement (incentive) to use electric blowers, limitations on how many can be used on residential properties (one!), etc.
I collect the leaves the old-fashioned way by using a rake – and you know what – it really doesn’t take that much longer than using a leaf blower – I’ve done it both ways and I know so I don’t really buy the argument that it’s a significant time-saver.