A Quieter, Cleaner Acton

Leaf Blower Control Bylaw  

Select Board draft as of March 18, 2025

SECTION 1: STATEMENT OF PURPOSE 

The purpose of this Bylaw is to reduce noise pollution, air pollution, harm to wildlife, soil, and plants, and general negative public health outcomes from the combustion of petroleum-based fuels used in gas-powered leaf blowers. 

SECTION 2: DEFINITIONS 

  1. “Leaf Blower” shall mean a portable handheld or backpack style power tool that is powered by petroleum-based fuel or electricity and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing, or redistributing leaves, dust, dirt, grass clippings, cuƫngs, and trimmings from trees and shrubs or any other type of litter or debris. Excluded from this definition are wheeled walk-behind four-stroke leaf blowers, and any leaf blowing devices attached to a tractor and/or mower. 
  2. “Gas-Powered Leaf Blower” shall mean any portable handheld or backpack style power leaf blower that is powered by a petroleum-based engine and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing, or redistributing leaves, dust, dirt, grass clippings, cuƫngs, and trimmings from trees and shrubs, or any other type of litter or debris. Excluded from this definition are wheeled walk-behind four-stroke leaf blowers, and any leaf blowing devices attached to a tractor and/or mower. 
  3. “Wheeled Walk-Behind Four-Stroke Leaf Blower” shall mean any wheeled walk behind leaf blower that is powered by a petroleum-based four-stroke engine and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing, or redistributing leaves, dust, dirt, grass clippings, cuƫngs, trimmings from trees and shrubs, or any other type of litter or debris. Excluded from this definition are any leaf blowing devices attached to a tractor and/or mower. 
  4. “Commercial Leaf Blower Operator” shall mean any entity, organization, or multi parcel owner, as defined in this Chapter with three (3) or more workers that receive income, remuneration, or compensation of any kind, whether as a fee, a charge, salary, wages, or otherwise, for operating a leaf blower. 
  5. “Small Commercial Leaf Blower Operator” shall mean any entity, organization, or multi-parcel owner, as defined in this Chapter with two (2) or fewer workers that receive income, remuneration, or compensation of any kind, whether as a fee, a charge, salary, wage, or otherwise, for operating a leaf blower. 
  6. “Municipal Leaf Blower Operator” shall mean any public entity, or any contractor with workers that receive income, remuneration, or compensation of any kind from a Municipal entity, whether as a fee, a charge, salary, wages, or otherwise, for operating a leaf blower. 
  7. “Property Owner” shall mean the legal owner of record of real property as listed by the tax assessor’s records. 
  8. “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. 
  9. “Town” shall mean the Town of Acton, Massachusetts. 

SECTION 3: LIMITATIONS ON USE 

  1. Effective January 1, 2027, the Town shall prohibit the use of Gas-Powered Leaf Blowers by all operators including, but not limited to, Commercial Leaf Blower Operators, Municipal Blower Operators, Small Commercial Leaf Blower Operators, and property owners. 
  2. During the first year, the prohibition in Subsection 3.a shall not apply during the spring clean-up period of March 15, 2027 to May 31, 2027 and the fall clean-up period of September 15, 2027 to December 31, 2027. 
  3. Effective December 31, 2027, the use of Gas-Powered Leaf Blowers in the Town shall be prohibited by all operators at all times, including during spring and fall clean-up periods. 
  4. The prohibitions in Subsections 3.a and 3.c shall not apply to the use of Wheeled Walk-Behind Four-Stroke Leaf Blowers, or to leaf blowing devices attached to a tractor or mower. 

SECTION 4: REGULATIONS AND ADMINISTRATION 

  1. The Director of the Department of Public Works shall have the authority to waive temporarily any of the limitations on the use of Leaf Blowers set forth in this Bylaw in order to aid in emergency operations or clean-up associated with storms. In the event of issuing a temporary waiver, the Director of Public Works shall post a notice prominently on the Town of Acton’s web site and make other good faith efforts to notify the public. 
  2. After January 1, 2026, the Town shall not purchase or acquire Gas Powered Leaf Blowers. The Town shall phase out the use of wheeled walk-behind four-stroke leaf blowers as soon as it deems it technologically and financially feasible to do so. 
  3. The Town shall make available information notifying the public and commercial landscapers about the health and safety effects of gas-powered leaf blowers and inform them about this Bylaw. 

SECTION 5: ENFORCEMENT 

  1. The Town Manager (or their designee) shall enforce the provisions of this Bylaw. 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 noncriminal 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.b. 
  2. For violations of this Bylaw in any calendar year, the Commercial Leaf Blower Operator, Property Owner, or Property Manager shall be subject to the following penalties: 
    1. For the first offense, a written warning will be issued. 
    2. The penalty shall be $100 for a second offense, and $300 for the third and each subsequent offense. 
    3. Each day or part thereof shall constitute a separate offense.