Below is the text of a 2024 Citizen’s Petition; this article will be on the May 2024 Annual Town Meeting Warrant. (Town Meeting begins on Monday, May 6.) At the end is a visual summary provided by Paul Kampas, the originator of the petition. See Green Acton’s endorsement statement.
Amend General Bylaws — Gas-powered Leaf Blower Phase Out
To determine whether the Town will vote to amend the Town Bylaws by adding a Bylaw to phase out the use of gas-powered leaf blowers in Acton. This is a Binding Petition.
Section 1. Purpose and Intent
The purpose of this bylaw is the reduction of noise pollution, air pollution, greenhouse gas emission, harm to wildlife, soil, and plants, and general negative public health outcomes from the use of gas-powered leaf blowers.
Section 2. Definitions
“Gas-powered Leaf Blower” — Any handheld, backpack, or wheeled leaf blower that is powered by a petroleum-based engine and used in any landscape maintenance, construction, or property maintenance activity.
“Portable Gas-powered Leaf Blower” — Any handheld or backpack style leaf blower that is powered by a petroleum-based engine and used in any landscape maintenance, construction, or property maintenance activity. Excluded from this definition are Wheeled Gas-powered Leaf Blowers.
“Wheeled Gas-powered Leaf Blower” — Any wheeled or walk-behind style leaf blower that is powered by a petroleum-based engine and used in any landscape maintenance, construction, or property maintenance activity. Excluded from this definition are Portable Gas-powered Leaf Blowers.
“Commercial Leaf Blower Operator” — Any entity, organization, or multi-parcel owner that receives income, remuneration, or compensation of any kind, whether as a fee, a charge, a salary, wages, or otherwise, for operating a leaf blower.
“Property Owner” shall mean the legal owner of record of real property as listed by the tax assessor’s records.
“Property Manager” shall mean any tenant in possession or person or entity in control of real property, including, but not limited to, a condominium association.
“Town” shall mean the Town of Acton, Massachusetts.
Section 3. Regulations
3.1 Seasonal restrictions on Gas-powered Leaf Blowers will begin June 1, 2025. Gas-powered Leaf Blower use by any user is limited to the following designated Spring and Fall cleanup periods:
Spring Cleanup Period: March 15 to May 31.
Fall Cleanup Period: September 15 to December 31.
3.2 The use of Gas-powered Leaf Blowers will be phased out:
Effective June 1, 2026, the use of Gas-powered Leaf Blowers by Commercial Leaf Blower Operators will be prohibited.
Effective June 1, 2027, the use of Gas-powered Leaf Blowers by any user, including Town Residents and Property Managers, will be prohibited.
3.3 The Director of the Department of Public Works shall have the authority to temporarily waive any of the limitations on the use of Gas-powered Leaf Blowers set forth in this Bylaw in order to aid in emergency operations or clean-up associated with storms.
Section 4. Exemptions
The use of Wheeled Gas-powered Leaf Blowers powered by 4-stroke engines and leaf blowers attached to tractors or mowers will be allowed on lots larger than 1 acre during the Spring and Fall cleanup periods.
Section 5. Enforcement
5.1 The Department of Health or designee is responsible for the enforcement of this bylaw with assistance from the Department of Public Works and Police Department.
This bylaw may be enforced by any lawful means in law or equity including, but not limited to, a non-criminal disposition as provided in the M.G.L. Ch. 40, §21D and appropriate chapter of the General Bylaws of the Town of Acton. If non-criminal disposition is elected, then any Commercial Leaf Blower Operator, Property Owner, or Property Manager that violates any provision of this bylaw may be subject to the penalties in subsection 5.2.
5.2 Violators of the regulation may be fined up to $300 per incident.
Section 6. Severability
Each section of this bylaw shall be construed as separate to the end that if any section, sentence, clause or phrase thereof shall be invalid for any reason, the remainder of this bylaw shall continue in force.
Section 7. Effective Date
This bylaw shall take effect January 1, 2025.
If this passes, I’ll be sure to start up my gas powered leaf blower every morning and evening not for the purposes of blowing leaves but for the purpose of resentment towards this unconstitutional attempt. Fine me. I’ll take this to court.
Ah yes, that famous constitutional right that no one should ever take for granted, the right to bear gas-powered leaf blowers. Never forget all of the brave men and women who have died to protect your rights to annoy your neighbors with loud 2-stroke engines, and to pollute the air they breathe.
Get a grip.