Date: September 17, 2004
To: Standing Committee on Planning and Environment
From: Director of Health Protection of Vancouver Coastal Health Authority, in consultation with the General Manager of Parks & Recreation
Re: Report Back on Leaf Blower Regulation – Prohibition in the West End
On July 22, 2004, Council had before it a Policy Report dated June 21, 2004 which provided Council with two optional definitions of the West End for purposes of prohibiting the use of leaf blowers. The following motion was passed after Recommendation B was moved - “ THAT Council postpone consideration of the Policy Report dated June 21, 2004, entitled "Leaf Blower Regulation - Prohibition in the West End" to allow staff to consult with the industry “Blower Task Force” on a strategy to address issues related to leaf blowers and report back in September 2004.”
Staff has met with the “Blower Task Force” group twice since the July Council meeting to better understand and evaluate what was being proposed as an alternative to an outright prohibition on the use of leaf blowers in the West End. A number of options were discussed, including the possibility of proceeding with the West End ban, but allowing the limited use of Low Noise leaf blowers through means of an exemption process similar to the construction noise exemption provisions.
From those meetings, industry representatives identified a preferred option which has the potential of addressing Council’s wishes and resident’s concerns, albeit by the fall of 2005. This approach would involve the Task Force working with rental building owners and managers, condominium councils and service companies to ensure compliance with the existing Noise Control By-law provisions and to train them on further minimizing use leaf blowers. Part of this strategy would involve a survey of current equipment, education around the current by-law provisions and their inclusion into landscape maintenance contracts and a follow-up survey to gauge compliance levels before the fall of 2005.
The Blower Task Force suggests that the existing leaf blower noise provisions (i.e. limited to use of Low Noise blowers) be applied to the owners of property, thereby getting more directly at the individuals making decisions about equipment use and
contracted services. The current Noise Control By-law contains general provisions that would permit enforcement action against the property owner for allowing a contractor to use non-conforming leaf blowers on their property. Therefore, no
- 2 -
further amendments would be required and enforcement staff could, by policy, focus enforcement action on property owners in this instance.
In the May 18, 2004 report staff stated: “We are confident that, through efforts focused at the smaller enterprises, the apartment managers and the homeowner, we can further improve the situation in 2004, gaining a much higher level of compliance and reduced annoyance of the public. Given the efforts made by the BCLNA and other industry members to promote compliance, staff does not believe it would be appropriate to introduce further restrictions, up to and including a prohibition, at this time.” Staff believes that the Blower Task Force proposal has some merit and stands a good chance of addressing the bulk of the remaining violations in the West End. Successful application of this model in the West End can be replicated for the remainder of the City, thereby providing a level playing field for the public, property owners and the landscape maintenance industry.
OPTIONS:
Having received the advice of staff on the Blower Task Force plan, Council can pursue one of the following options:
1. Proceed with adoption of Recommendation B of the June 21, 2004 staff report thereby adopting a prohibition on the use of any leaf blowers in the West End; or
2. Defer adoption of that recommendation to September, 2005 at which time staff would report back on the success of the Blower Task Force plan; or
3. Adopt Recommendation B of the June 21, 2004 staff report, but make the prohibition effective October 1, 2005, thereby signalling Council’s intent to proceed with a prohibition, unless the Blower Task Force can confirm the success of their plan, at which time Council could rescind the planned prohibition.
The Director of Health Protection recommends Option 2, deferring adoption of Recommendation B of the June 21, 2004 staff report until September 2005 to give the Blower Task Force time to prove that their proposal will address the concerns of Council and residents.
___________________________
Domenic Losito
Regional Director of Health Protection
Vancouver Coastal Health Authority
