Montclair Leaf Blower Ban May Have Ripple Effect In West Orange

ESSEX COUNTY, NJ — Another Essex County town is debating a ban on leaf blowers.

An ordinance has been proposed in West Orange that would create a “seasonal” ban on gas-powered leaf blowers. Read the proposed local law here.

Under its current version, gas-powered blowers would only be allowed from March 1 to April 30, and from Oct. 1 through Dec. 31. Permitted hours would be 7:30 a.m. to 6 p.m. Monday to Friday, and 9 a.m. to 5 p.m. on Saturday and Sunday.

Supporters of the bans claim that they make for a cleaner environment and less noise pollution, in addition to protecting landscaping workers from inhaling particulates. But critics argue that leaf blower bans place an unfair burden on private landscaping companies, who may raise their prices to cope with the additional expenses.

Wheels continue to turn on the proposed law in West Orange, with some local advocates saying that banning gas-powered leaf blowers may not be the right move at the moment due to improving technology and potential state legislation.

Other towns in Essex County that have rolled out bans on leaf blowers include Maplewood and Montclair.

Montclair's ordinance includes a provision allowing electric blowers. However, both towns have faced lawsuits from angry landscapers, who have argued that the bans are an unfair burden on their businesses.

• See Related: Maplewood Sued Over Its Leaf Blower Ban
• See Related: Landscapers Sue Montclair Over Controversial Leaf Blower Ban

The West Orange Environmental Commission recently released the following statement about the ordinance, referencing Montclair’s ongoing legal battle over its leaf blower ban:

“The West Orange Environmental Commission (WOEC) discussed in detail the pending leaf blower Ordinance #2817-23. We recognize that compromise is needed, as both viewpoints on this issue carry merit. We do believe the township should be moving in the direction of eliminating current two-cycle gas-powered blowers. It is with that goal in mind but only in a reasonable and responsible manner that we seek to balance our environmental and noise concerns with that of the interests of local landscape business owners and our homeowners. That is the purpose of this letter.

“Mayor [Susan] McCartney, a long-standing member of the West Orange Environmental Commission along with the unanimous approval of WOEC commissioners, agree with the provision in the ordinance that all gas-powered leaf blowers may be permitted March 1 through April 30 and October 1 through December 31. We also agree with imposing a ban on gas powered backpack leaf blowers during the summer months of 2024.

“However, the WOEC recommends the proposed provision to prohibit all gas-powered leaf blowers anywhere in the township for any reason in 2025 should be removed from this ordinance. This is based on pending technological ongoing advances in this industry, pending New Jersey state legislation, and current litigation. This provision to ban should be revisited in the beginning of 2025. The WOEC has carefully and fully investigated the situation with landscape gas-powered and battery powered leaf blowers, to determine the best possible solution for our landscapers and homeowners. We have compared decibel noise levels, exhaust pollution levels, battery recycling and disposal, plus comparative performance. There is continuing evolution in the industry for both gas and battery blowers. Therefore, we recommend the ban of all gas-powered blowers should be eliminated from this current proposed ordinance and be revisited in 2025.

“There are now on the market a large number of redesigned four-cycle gas engine blowers with much reduced emissions, plus noise level down to 60 decibels both residentially and commercially. The electric leaf blower replacements do not yet have the air power and battery capacity to fully replace them.

“As the industry continues to resolve environmental concerns, homeowners who currently use four-cycle low-noise gas blowers should be able to recoup their investment. Landscapers, overwhelmingly small local businesses, should not be forced to purchase additional expensive batteries in order to have enough on hand to complete a day’s work. Trucks continually idling to charge said lithium batteries would be in direct violation of township idling and noise ordinances. Also, as an alternative, charging batteries, using gas generators, which have their own emission and noise issues would again violate the township pollution and noise ordinance.

“Other issues with the proposed ordinance include fines that are excessively high and onerous. Unknowing homeowners should not be held responsible for the type of blowers their landscapers are using at any given time. Should fines be considered, we suggest that the landscaper/company who is found in violation of this ordinance be the entity subject to the fines and penalties.

“Since the township ordinance will not take effect until April 30, 2024, the WOEC requests the council delay the vote on the ordinance on second reading on October 10, 2023 until we have a determination from the active Montclair gas-powered leaf blower lawsuit to be heard on October 12, 2023 in federal court. By delaying the vote on this proposed ordinance, we will be better suited to understand the results of this litigation now underway. We would further develop policies that address noise and environmental concerns, balancing the needs of our small business, and be able to build stronger consensus and collaboration amongst ALL interested parties. We understand this topic can be polarizing, and we want to ensure we take our time to get as close to palatable for all involved.”

SUPPORT FOR A BAN

On Monday, local advocacy group Our Green West Orange also issued a statement about the proposed leaf blower ban, which they have been supporting.

The group argued that leaves and grass can provide free fertilizer and mulch for gardens and lawns, and are not "waste" that needs to be blown away. Leaving them lying on the ground also saves the township money on collection costs, advocates said.

The group said it's a "myth" that electric blowers can't do the same job their gas-powered cousins can, and also argued against the assumption that it is "too expensive for landscapers to transition."

"Most landscapers currently pay hundreds of dollars per month for gasoline to run their blowers," advocates said. "Plus, gas-blowers require expensive annual maintenance. Yes, transitioning requires an initial investment, but the ROI (return on investment) is paid for in less than a year."

The group also said landscapers will have plenty of time to make the switch.

"This ordinance allows a two and a half year transition time and electric equipment is readily available today," Our Green West Orange said. "Landscapers do not observe geographic boundaries. If they are working in South Orange, Maplewood and Montclair, they are already required to use electric blowers. Every township around us is moving quickly in the same direction. West Orange will observe only a summer seasonal ban for the next two years. There’s no reason to use any leaf blower in the summer when there are NO leaves on the ground."

More than 1,600 people have signed an online petition in support of the proposed ban in West Orange since it launched in 2021.

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