Landscapers Sue Montclair Over Leaf Blower Ban

MONTCLAIR, NJ — Montclair’s total ban on gas-powered leaf blowers is officially on the books. But the future of leaf blowers in the township is far from settled – even as the fall weather begins to arrive.

In August, the Montclair Town Council voted to approve a year-round ban on the controversial devices. The ordinance completely banned the use of gas-powered leaf blowers on private and public property in Montclair and increased minimum fines. It allowed for electric leaf blowers, but set a maximum of two at the same time for properties under an acre – except if it’s owned by the township.

The ban takes effect on Oct. 15. Read More: Montclair Council OKs Full Ban On Gas-Powered Leaf Blowers

In September, the council approved some tweaks to the law with a new ordinance. The update removes the two-electric leaf blower limit, allows for municipal judges to use discretion when issuing fines (a maximum of $250 for a first offense), and changes some boilerplate language to make it consistent with the town’s noise regulations.

Council member Lori Price Abrams said the two-device limit was a barrier to some people, and the new version only makes “very minor refinements,” opening up the use of additional equipment if it’s compliant.

• See Related: Leaf Blowers, Landscapers And Montclair: The Great Debate Continues

However, those changes weren’t enough for a group of landscapers and residents, who are suing the township in attempt to completely overturn the ban, arguing that the local law is unconstitutional, Montclair Local reported.

The suit was filed Thursday. The plaintiffs include New Jersey landscaping companies based in Montclair, Verona, Bloomfield, Glen Ridge, Essex Fells, Nutley, Livingston, West Orange, Clifton, Little Falls, Woodland Park, Parsippany and Columbia.

The lawsuit seeks an injunction that would stop Montclair from enforcing its ban until a court can decide on the issue. It notes that the changes to the ordinance will take effect on Oct. 16 – a day after the original law begins – leaving a 24-hour period where privately hired landscapers and local residents/township workers are subject to separate standards. Among other grievances, the lawsuit also argues that the ban is preempted by the federal Clean Air Act, which permits most gas-powered motors below 50 horsepower, NorthJersey.com reported.

A hearing to consider the injunction is scheduled to be heard in federal court on Oct. 12.

Send local news tips and correction requests to [email protected]. Learn more about advertising on Patch here. Find out how to post announcements or events to your local Patch site. Don’t forget to visit the Patch Montclair Facebook page.