Evanston Leaf Blower Policy Changes Hedged By City Council

EVANSTON, IL — Alderpeople agreed to reduce the amount of time when the use of gas-powered leaf blowers is permitted in Evanston but scrapped other proposed changes to the city's policies.

Staff initially presented the changes to the City Code's "Noises Prohibited" on April 27 at the penultimate meeting of the lame duck City Council, where it passed its first reading as part of the consent agenda. At the outgoing council's final meeting last month, councilmembers unanimously voted to postpone consideration until Monday.

Following nearly an hour of discussion, councilmembers unanimously approved a pair of changes: cutting two weeks from the fall season when gas-powered blowers are permitted and reducing the allowed hours of their operation from 7 a.m. to 9 p.m. to 9 a.m. to 5 p.m. on weekdays during the spring or fall.

The City Council adopted a climate policy in 2019 calling for the phasing out of all construction and lawn equipment fueled by gas and propane in Evanston, and to "provide a timeline by which they need to be replaced with electric or battery-powered options."

Residents have pointed to the negative effects of leaf blowers, especially gas-powered ones, on the environment, noise pollution and public health, especially of workers, and complained of inadequate enforcement of existing regulations.

Local landscaping business representatives argued they have invested heavily in following the city's existing ordinance, spending more on electric blowers and arranging multi-year contracts based on its limitations.

The initial proposal included modifications to the penalty structure and eliminated what staff described as "loopholes" for electric and propane-powered blowers. It also would have exempted the city and its own contractors from the new rules.

Dale Bradley, a 6th Ward resident, was one of several members of the public who weighed in on the proposals. He said it would lead to lost jobs for hardworking employees of landscaping companies.

"Now listen, I love the environment, and I know you do to, we care about it. But this thing is written so silly," Bradley said, criticizing a memo to the council from Kumar Jensen, the city's chief sustainability and resilience officer, that suggested leaf blowers created dust and spread debris. "What are we going to do," he asked, "ban wind in Evanston?"

Kyle Campbell, a 3rd Ward resident who supported the proposed changes, said none of the dire warnings from opponents of leaf blower restrictions have come to pass in places that have limited their use, and the verdict is already in on their health effects.

"There's not a lack of information or legitimate published research around this topic. The EPA, the CDC, the American Academy of Pediatrics, OSHA, the National Institutes of Health and the American Lung Association, just to name a few, have published information about the health, pollution, ecological and noise dangers about leaf blowers, and especially gas leaf-blowers," Campbell said.

Campbell said he had personally called in a violation to the city about an employee of the company Nature's Perspectives. Following a hearing, the employee was found personally liable for a $100 fine for a violation of the local ordinance, and when he found the money would come from the worker's pay, Campbell paid it himself, he said.

"That's where we're at with the current realities. Property owners and business owners free from consequence," he said. "Actual consequences, in the form of lung, brain and ear damage falling to the worker, and neighbors being harassed."

Steve Stratton, assistant to the general manager at Nature's Perspectives, said a stricter ordinance would make things worse for the company's workers.

"Many residents and activist organizations have taken to renegade enforcement," Stratton said. "Our employees are exposed to constant harassment and have been verbally and physically assaulted over the use of a blower."

Enforcement of the existing ordinance was already complicated, he said, and the company was being targeted for following city rules requiring local landscaping companies to be licensed and labeled. Companies operating illicitly would evade enforcement, he suggested.

Paul Klitzkie, the company's general manager, said it was hypocritical for the city to exempt itself from the rules.

"We and other contractors foresee this as potential significant damages to our business if contractual obligations cannot be met. This hardship will only be intensified if the city exempts itself from the new ordinance, creating an unfair advantage," Klitzkie said.

"If the use of leaf blowers is such an important matter to Evanston residents, the city must be required to follow the same rules and regulations as it's proposing," he added.

City Manager Erika Storlie said the city was in the process of replacing its existing stock of gas-powered leaf blowers with electric ones, as they break down and through the budget process.

"We do want to lead by example," Storlie said. "We are trying to enforce this in the city, but we also are one of the largest property owners in the city, and as such, when we are cleaning up a large park like James Park, or other parks, it's a different story than if you're just taking care of your own personal, private lawn. So there are additional considerations that staff is looking at."

Ald. Cicely Fleming, 9th Ward, was one of several alderpeople who expressed unease at the proposed addition of an exemption for the city, Ridgeville Park District and their contractors.

"If we're saying we have to ban this because of all the reasons that have been listed, but then we're not willing to ban our own usage, then I would question how much a commitment we have to all of those things," Fleming said.

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Ald. Melissa Wynne, 3rd Ward, said city officials had been working on the changes to the policy prior to the pandemic but postponed adoption of any changes last year in an effort to avoid putting essential workers out of business amid an unemployment and public health crisis. But the proposal is too abrupt and further education is needed, she said.

"I do think that we need to phase this in in an appropriate way so that everyone is on board and understands why we're making the decision and the importance of the decision," Wynne said.

Wynne said and 7th Ward Ald. Eleanor Revelle had discussed the proposed changes and agreed that any amendments to the policy should be delayed until the 2nd meeting in September.

"We were very concerned about making amendments to this ordinance, which we all are acknowledging is imperfect and not well thought-out," Wynne said.

Revelle said the proposal was trying to do too much, too quickly.

"We should table the proposed ordinance and use the summer months to engage with residents and landscaping contractors to develop a plan and a revised ordinance aimed at achieving our Climate Action and Resilience Plan goal to phase out the use of gas- and propane-powered leaf-blowers, lawnmowers and construction equipment," she said.

Revelle encouraged residents to report violations of the existing regulations by calling 311 and by taking photos as evidence. She acknowledged the environmental and health impact and called for increased education to reduce residents' demand for gas-powered leaf blowers.

Ald. Tom Suffredin, 6th Ward, said the city should notify local landscaping businesses now to prepare for changes to the city's regulations next year. He said the city should include an exemption for the person use of small electric leaf blowers.

"It doesn't matter what we come up with. Enforcement is all that really matters," Suffredin said. "That's the most common complaint I get — that we're not enforcing what exists. So we're going to need to set that up anyway."

After a suggestion from 4th Ward Ald. Jonathan Nieuwsma to keep the proposed cut to the fall leaf blowing season as a "show of good faith that we intend to move in the direction of eventually implementing a phase-out of all gas-powered leaf blowers" — and another from Fleming that the city limit early morning leaf-blowing — Ald. Devon Reid, 8th Ward, motioned to combine the two suggestions, and the City Council approved the amendment on an 8-1 vote.

Only 2nd Ward Ald. Peter Braithwaite voted against changing the permitted hours of operations. He said the complaints he hears from his constituents are more about the contractors than leaf-blowing noise.

"I don't know how and why, but we have a lot of local contractors that live in the ward. So the complaints that I hear is not the noise, but it's just the trucks," Braithwaite said. He called for more focus on enforcing the city's existing signage and licensing requirements.

"I think it's so important," he said, "that as we listen to the residents we don't forget that there are businesses."

Under the ordinance as approved, gas-powered leaf blowers may be used in the fall starting on Oct. 15 instead of Sept. 30 and may be operated seven days a week, including holidays, from 9 a.m. to 5 p.m.

Braithwaite later voted to approve the ordinance as amended.

"I have no idea what I'm voting on," he said. "But that's fine."