What Happened to Our Property Rights?
Having served on the RTM, the issue of leaf blower noise during the summer months has been a topic of discussion in our town for several years. A group known as Project Quiet Yards has been advocating for a quieter environment, while landscapers and residents who take pride in their properties have been resistant to change. The debate has centered around the use of gas-powered leaf blowers versus electric-powered equipment.
We've asked and continue to ask these questions, namely:
Who will enforce these new ordinances? No one seems to be quite sure. The question of enforcement remains a key issue, as it is unclear who will be responsible for ensuring compliance. The obvious answer would be the Greenwich Police Department or perhaps a town administrative department. The Town website states, "People shall report violations by calling the non-emergency police number at 203-622-8006.
Penalties for violations of this provision will be levied starting in 2025. This will allow landscaping companies to adjust to this new ordinance." We're pretty sure GPD is answering priority calls for service and would handle this type of non-emergency complaint as a low priority call. If we depend on a Town department, we all know they are busy and with limited staff can't be everywhere at once in the field. So that leaves one other alternative method: Your neighbor acting as the "enforcement arm." Raised as part of this ordinance is the registration of landscapers in which they would be issued tags or stickers with a registration number affixed to their vehicles, much like the registration process in Westchester County, NY. This would allow neighbors to report violators, but the practicality of enforcement remains uncertain. By the time a complaint is made and responded to, the landscapers may have already moved on to their next job. Last year a representative from an environmental group based in Mamaroneck, NY was invited to an RTM district meeting to present her case as to why Greenwich should ban gas powered leaf blowers during the summer months and alternative switch to electric equipment. The question of the method of and who was enforcing their ordinance was raised. She stated she never looked into and didn't know. So much on how successful the ordinance is.
What are the costs involved in switching to new electric equipment? Lowest estimates say the cost will be in the thousands of dollars and you can be certain that those costs are likely to be passed on to the consumer. What, then happens to the old equipment is is in good working order that money was invested in? Switching from gas to electric equipment presents challenges for both residents and landscapers, including the significant cost involved. The preference for gas-powered equipment among some landscapers and residents is understandable, given the efficiency and power these tools provide.
Another suggestion is the registration of landscapers, similar to the process in Westchester County, NY, where vehicles are issued tags or stickers with registration numbers.
Individuals are limited to using one leaf blower per ¼ acre of property. Additionally, landscapers are prohibited from using leaf blowers on Sundays throughout the year.
Finding a balance between the needs of residents for peace and quiet and the practicalities of landscaping work is a complex issue that requires careful consideration.
The Town is seeking to be exempt from this ordinance. If this ordinance will be applicable to residents and Landscapers who face consequences and fines for these violations, perhaps the Town should set the example and declare itself part of the "solution." No one should be above the law, right? Below is the exact wording from the Chapter 6B, Noise of the Ordinances:
In addition to the foregoing, the following acts and the causing thereof are declared to be in violation of this chapter:
(a)
Construction.
(1)
No person shall operate or permit the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays and before 9:00 a.m. and after 5:00 p.m. on Saturdays or at any time on Sundays or holidays such that the sound therefrom exceeds the limits set forth in Section 6B-5.
(2)
Section 6B-6(a) does not apply to the use of domestic power tools subject to Section 6B-6(e).
(b)
Refuse. No person shall operate a refuse-collection vehicle between the hours of 9:00 p.m. and 5:00 a.m. unless otherwise approved by the Town Administrator and COO.
(c)
Motorboats. All motorboats operated on any waterway within the jurisdiction of the Town of Greenwich shall be subject to the noise level standards set forth in Section 15-129 of the Connecticut General Statutes.
(d)
Exhaust discharge. No person shall discharge into the ambient air the blow-down of any steam vent of the exhaust of any stationary internal combustion engine or air-compressor equipment, unless such discharge is through a muffler as defined by Section 6B-2(n) of this chapter or through an apparatus providing equal noise reduction.
(e)
Domestic power tools/equipment.
(1)
No person shall operate or permit the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or other tool between the hours of 9:00 p.m. and 8:00 a.m. the following day such that the sound therefrom exceeds the limits set forth in Section 6B-5.
(2)
Section 6B-6(e) does not apply to the use of snow-removal equipment.
(3)
No person shall operate or permit the operation of any leaf blower between 6:00 p.m. and 8:00 a.m. Monday through Friday and between 3:00 p.m. and 9:00 a.m. Saturday, Sunday and Holidays.
(4)
Commercial use of gasoline-powered leaf blowers on premises in residential zones is prohibited on Sundays.
(5)
Commercial and/or residential property parcels of one-quarter (¼) acre or less may only be serviced by one (1) leaf blower at any given time.
(6)
The use of gasoline-powered leaf blowers on premises in residential zones is prohibited from 6:00 p.m. the Friday before Memorial Day through September 30, inclusive, except for properties of two or more (2+) acres where the prohibition ends the day after Labor Day (*penalties for violations of this provision will be levied starting in 2025).
A public hearing will take place at the Board of Selectmen meeting on Thursday, April 25. This hearing will allow members of the public to provide feedback on a proposed variance that would grant the Town of Greenwich additional time to transition to battery-operated leaf blowers and comply with the new regulations.
The proposed variance would exclusively apply to Town-owned properties, not private property. During the hearing, the public will have the opportunity to speak in person or via Zoom regarding the variance for the Town of Greenwich for provision 6B-6 (e)(6) of Chapter 6B Noise Ordinance.\
The meeting is scheduled to commence at 10:00am in the town hall meeting room and will be accessible via Zoom. Additionally, the meeting will be broadcasted on GCTV and live streamed on the GCTV YouTube channel.
Make your voices heard!
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