RTM to Consider Noise Ordinance Passed by Selectmen; Leaf Blower Resolutions

On Thursday the three-member Board of Selectmen voted unanimously to approve a new noise ordinance that would revert control back to the town from the state.

The action was triggered by the Board of Health repealing the town’s noise ordinance after many contentious meetings about regulating gas power leaf blowers.

As a result of the ordinance being repealed, a less restrictive state law prevails.

After the repeal, First Selectman Fred Camillo called for the resignation of Board of Health chair Joel Muhlbaum. That has not happened. His term continues through June 2025.

The new ordinance the Selectmen approved was almost identical to one the Board of Health repealed, which had been on the books since 1984, but puts the noise ordinance under the purview of the Selectmen rather than the Board of Health.

The noise ordinance the Selectmen approved next goes to the 230-member Representative Town Meeting (RTM) on Tuesday. (RTM typically meets on Mondays, but this Monday is Martin Luther King Day.)

On Thursday town administrator Ben Branyan presented the new ordinance, explaining it had been modestly updated to change references to the Board of Health to Board of Selectmen and changing the words “Director of Health” to “Town Administrator.”

Camillo said getting the noise ordinance to the RTM in time for Tuesday was important, because with the less restrictive state law in effect, if a builder does construction on a Sunday, for example, the town cannot issue a ticket.

“Time is of the essence, but if they refer it to committees, they could push it back. We hope it doesn’t happen, but it could.”

The item is #17 on the Jan 16 RTM call.

Also on the call are items #18 and #19 – which are resolutions concerning leaf blowers.

Both were referred to the Health & Human Services Committee, Legislative & Rules Committee and Land Use Committee.

Item #18

Item #18 on the RTM Call for Tuesday is the Quiet Yards Greenwich resolution.

The key feature of this resolution is a prohibition on the use of gasoline-powered leaf blowers on residential properties starting at 6:00pm on the Friday before Memorial Day and running through September 30.

Originally QYG proposed to begin the restriction on May 1, so this resolution reflects a later start than originally proposed.

QYG also added a one year grace period to 2025 before fines would be issued.

The proposal would only apply to residential properties, a compromise that reflects that landscapers had said servicing large parcels like country clubs, golf courses, parks or campuses would require gas powered blowers.

Item #19

Item #19, which represents the interests of a group of commercial landscapers, proposes a limit of just one gas OR electric power leaf blower in the summer months – Memorial Day to Labor Day on either commercial or residential properties, and no blowers on federal holidays: Memorial Day, Juneteenth, July 4th, and Labor Day.

Both item #18 and #19 propose police enforcement starting with a warning and education for a first offense, a $100 fine for a second offense and a fine of $250 (#18) or $249 (#19) for subsequent offenses.

Tuesday’s RTM meeting is the first of the new membership reflecting the Nov 7, 2023 municipal election. The first order of business will administering the oath of office to all members for 2024-2025 term, followed by the election of a moderator and moderator pro tempore.

The meeting starts at 8:00pm and can be viewed on Zoom (Link is here), GCTV, or in person at Central Middle School.

UPDATE: The following was sent by moderator Alexis Voulgaris on Jan 14 to all 230-members:

Item 17 on the Call is essentially the reinstatement of the Noise ordinance that was repealed by the Board of Health in December 2023. Item 17, as it appears on the Call, does not prohibit the use of gasoline powered leaf blowers during the summer months.

Items 18 and 19, as they appear on the Call, are each stand alone ordinances that do propose to regulate the use of leaf blowers during the summer months. If action is taken on Item 17, Items 18 and 19 are ineligible to be considered on Tuesday because they conflict with Item 17.

There are numerous motions being offered on behalf of districts and committees directed at Item 17. They will be taken up in ranking order, with the Legislative and Rules motion to refer the item to a special RTM committee and report back in March 2024, to be considered first. If the motion to refer carries, we will not entertain any of the proposed motions to amend. If the motion to refer fails, we will begin to consider and vote on the various motions to amend offered on behalf of districts, committees, and possibly, individuals. The first motion to amend we will consider is the Health and Human Services motion to amend Item 17. The HHS motion includes language that regulates the use of gasoline powered leaf blowers during the summer months. Several districts are proposing amendments to amend the HHS motion; all motions to amend will be handled in an orderly and deliberate manner.

In order to take a final vote on the item, either as amended or as it appears on the Call (in the event that no proposed amendments carry), a motion to suspend the second read rule must be offered and carry by two-thirds (2/3). Absent adopting a motion to suspend the second read rule, the item will automatically be placed on the March Call (inclusive of any amendments that were adopted).

See also:

Quiet Yards Greenwich Warn of the Health and Environmental Issues with Gas-Powered Leaf Blowers

Feb 2022