A Local Law to amend the administrative code of the city of New York, in relation to the sale and use of diesel-powered leaf blowers and lawn mowers

Int. No. 853

By Council Members Dromm, Mendez, Koslowitz and Grodenchik

A Local Law to amend the administrative code of the city of New York, in relation to the sale and use of diesel-powered leaf blowers and lawn mowers

Be it enacted by the Council as follows:

                     Section 1. Chapter 4 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 13 to read as follows:

SUBCHAPTER 13

LAWN CARE DEVICES

                                          § 20-699.7 Diesel-powered leaf blowers and lawn mowers.

                                          § 20-699.8 Penalty.

                     § 20-699.7 Diesel-powered leaf blowers and lawn mowers. No person shall distribute, sell or offer for sale a diesel-powered leaf blower or diesel-powered lawn mower after September 1, 2017.

                     § 20-699.8 Penalty. a. A person who violates any provision of this subchapter shall be subject to a civil penalty of not less than $250 nor more than $1,000 for each violation.

b. Civil penalties under this section may be recovered by the department in an action in any court of appropriate jurisdiction or in a proceeding before the environmental control board. Such board shall have the power to impose civil penalties provided for in this section.

c. The civil penalties set forth in subdivision a of this section shall be indexed to inflation in a manner to be determined by department rules.

§ 2. Section 24-242 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows:

                     (c) No person shall operate a diesel-powered leaf blower or diesel-powered lawn mower after September 1, 2017.

§ 3. This local law takes effect immediately.

LS  # 3688 SS

4/23/15 4;32PM