West Orange Mayor Vetoes Leaf Blower Ban: Here’s Why

WEST ORANGE, NJ — The mayor of West Orange has vetoed a town council ordinance that would have banned gas-powered leaf blowers by 2026.

The West Orange Township Council voted 3-2 in favor of a ban on the controversial devices at their meeting on Jan. 17. Read More: West Orange Bans Gas-Powered Leaf Blowers; Some Clap, Others Boo

The plan was to start out with a partial ban and move to a full ban by Jan. 1, 2026. Beginning this year, landscapers would have been forbidden to use gas blowers in West Orange from Jan. 1 to March 1, and again from May 1 to Oct. 1.

Landscapers would have to register with the township and pay an annual registration fee. Electric-powered leaf blowers would still be allowed.

First violations of the ordinance don’t include a fine. The penalty for second violations is $100, and $200 for future offenses.

However, West Orange Mayor Susan McCartney has put the brakes on the ban, vetoing the entire ordinance shortly after it was approved.

McCartney explained her reasons for vetoing the ban in a letter (read it here).

“I am hereby vetoing the entirety of the ordinance because of the current state of the technology and the substantial burden it will place disproportionately on various people including but not limited to seniors, and the business community directly impacted by the proposed ordinance,” the mayor wrote.

“It is clear that the current technology does not permit for the wholesale mandatory implementation of a ban on leaf blowers,” she added.

McCartney – a longtime member of the West Orange Environmental Commission – said that she has an “unequivocal commitment to protecting our environment and addressing climate change.” But it needs to be done in a “responsible manner” that considers the financial needs of local taxpayers, seniors and business owners.

Other reasons cited in McCartney’s letter included:

LACK OF RESOURCES – “The ordinance fails to implement and provide sufficient resources for the implementation of the proposed ban which will further burden the taxpayers of the Township of West Orange. No funding mechanism or resources exist for the already overworked Department of Public Works staff and inspectors to perform their current critical responsibilities, processing complaints and prosecute such alleged violations. Any alleged violation will need to be thoroughly documented, require court appearances by the complainant and otherwise comply with due process requirements. The ramifications of pitting neighbor against neighbor and challenging small business owners’ attempt to efficiently and economically conduct longstanding businesses must also be carefully considered.”

TIMEFRAME – “The timeframes set forth in Section III concerning the proposed implementation of the ban are not sufficient. As currently written, the bans begin May 1, 2024 which is approximately 90 days from now. Notifying the public and business community in that timeframe and mandating compliance is not realistic nor fair.”

REGISTRY – “The ‘landscaper registry’ will impose additional administrative burdens upon the township, its departments and the business community. No definition is provided as to what a person or business is required to have to be a ‘landscaper . . .’ and the fee for same. All of this vagueness will cause more chaos. Are persons who cut lawn as a part time job required to register? Is the size of the particular business relevant? No exemptions exist in the current ordinance.”

FEES/PENALTIES – “The proposed violations and penalties are onerous and aimed at being punitive towards the business community … The proposed violations and penalties indicate that a registered landscaper may be “subject to a loss of license to perform work within the Township of West Orange . . .” However, absolutely no scenario is set forth as to how, when or whom will implement that or how it will be policed within the township.”

McCartney said the ban should be revisited when technology improves, including the charging of electric equipment and the safe disposal of lithium batteries.

It isn’t the first time that McCartney and the town council have clashed in recent history.

Last year, the mayor sued the West Orange Town Council in an attempt to squash a “no support” resolution involving the town attorney. Read More: West Orange Mayor Sues Town Council; Trenk Saga Continues

Supporters of bans on gas-powered leaf blowers 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 have to raise their prices to cope with the additional expenses.

Local advocacy group Our Green West Orange – whose members have strongly supported the leaf blower ban – blasted the mayor’s veto on social media.

“So much for being the ‘environmental mayor,’” the group quipped.

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