Title
An Ordinance to Amend Title VI (Food and Health) of the Code of the City of Ann Arbor by Adding a New Chapter 73 (Two-Cycle Power Equipment) (ORD-19-08)
Memorandum
This ordinance would ban the use of two-cycle power equipment within the Downtown Development Authority area. Two-cycle power equipment included within this ban are equipment used for the following or substantially similar purposes:
(1) To blow leaves, dirt or other debris off sidewalks, driveways, lawns, or other surfaces at any time;
(2) To collect leaves, dirt or other debris from sidewalks, driveways, lawns or other surfaces at any time;
(3) To trim hedges, prune trees and bushes, reduce the height of vegetation, or to otherwise maintain landscaping at any time.
Staff
Prepared by: Missy Stults, Sustainability and Innovations Manager
Reviewed by: Kristen D. Larcom, Senior Assistant City Attorney
Reviewed by: Howard S. Lazarus, City Administrator
Body
ORDINANCE NO. ORD-19-08
First Reading: March 18, 2019 Approved: April 1, 2019
Public Hearing: April 1, 2019 Published: April 4, 2019
Effective: July 1, 2019
FOOD AND HEALTH
(TWO-CYCLE POWER EQUIPMENT)
An Ordinance to Amend Title VI (Food and Health) Of the Code of the City of Ann Arbor by Adding a New Chapter 73 (Two-Cycle Power Equipment)
The City of Ann Arbor Ordains:
Section 1: That Title VI of the Code of the City of Ann Arbor be amended to read as follows:
Chapter 73
Two-Cycle Power Equipment
6:611 - Applicability.
(1) This Chapter applies only to outdoor power equipment, as defined in this Chapter, and does not apply to equipment powered solely by electricity or equipment used for snow removal.
(2) This Chapter applies only in the downtown district, as defined in this Chapter, and does not apply outside of the downtown district.
(3) Other applicable ordinances and laws may also be enforced with respect to outdoor power equipment.
6:612 - Definitions.
For the purposes of this Chapter, the phrases in this section mean the following:
“Downtown district” means the area of the City in which the Downtown Development Authority exercises its powers, as established in Chapter 7 of Title I of the Ann Arbor Code of Ordinances.
“Outdoor power equipment” means outdoor maintenance equipment that is equipped with a two-cycle engine, that is not solely powered by electricity, and that is used for the following or substantially similar purposes:
(1) To blow leaves, dirt or other debris off sidewalks, driveways, lawns, or other surfaces at any time;
(2) To collect leaves, dirt or other debris from sidewalks, driveways, lawns or other surfaces at any time;
(3) To trim hedges, prune trees and bushes, reduce the height of vegetation, or to otherwise maintain landscaping at any time;
6:613 - Use Restricted in Downtown District.
No person shall operate, or direct another person to operate, outdoor power equipment in the downtown district.
6:614 - Exemptions.
This chapter does not apply to the use of a chainsaw under the following circumstances only:
(a) When the chainsaw is used by a person employed by the City or a person employed by a City contractor or a utility company while the employee is using the chainsaw to prune trees in the regular course of his or her engagement with the City or the utility company.
(b) When a power lift, bucket truck or other device is required to safely prune trees.
This section 6:614 shall expire on June 30, 2020.
6:615 - Enforcement and violations.
A violation of this chapter is a civil infraction punishable by a civil fine of not less than $100 plus costs for a first offense, not less than $250 plus costs for a subsequent offense, and all other remedies available by statute.
Section 2: This Ordinance shall take effect on July 1, 2019.
As Amended and Approved by Ann Arbor City Council on April 1, 2019
Sponsored by: Councilmembers Ramlawi, Hayner and Nelson