Rye Brook trustees postpone change to leaf-blower warning requirement after police and trustees raise tracking concerns

The Village of Rye Brook Board of Trustees on May 27 adjourned a public hearing on a proposed local law that would remove the code requirement that a written warning be issued before a summons may be served for seasonal gas leaf-blower violations, and directed staff to return with options for tracking warnings and for a low initial fine.

Trustees said they were reluctant to remove the written-warning requirement without a reliable way to track warnings that police officers issue in the field. Village Administrator Chris explained that "there is no tab for warnings issued for various violations" in the current records-management system and that officers therefore cannot reliably prove in court that a warning was issued. Chief Dangler told the board the department wants "flexibility in their enforcement procedures" because it lacks an effective way to track warnings while patrolling.

The proposal under consideration would amend Chapter 158, Section 2.1 of the village code to clarify enforcement for the seasonal leaf-blower ban in effect May 1 through Oct. 30 for properties under 5 acres and to remove the requirement that a warning be issued before a ticket. Trustee Heizer said during the hearing, "I am against this. I think warnings are essential. I can't believe that the police cannot keep track of warnings." Heizer and other trustees raised concerns that removing the code requirement could allow inconsistent enforcement or unlimited, untracked warnings.

Board members discussed interim options, including defining a low, trackable fee in the local law (so a recorded payment would show prior enforcement) and asking staff to determine whether the records-management system can be modified or whether a paper solution is practical in the short term. Trustee Crum suggested a tiered fine structure as a way to create a recorded progression of penalties. The board also discussed outreach to landscapers and residents; trustees noted the law has been on the books for roughly two years and that landscaping contractors are likely aware of it while some residents may not be.

After discussion the board chose not to act on the resolution on May 27. The trustees voted to adjourn the public hearing to the June 24 meeting and asked staff to return with options that include (1) whether the RMS or other workflow can track warnings, (2) a de minimis fine or fee approach that would be trackable, and (3) outreach options to improve public awareness. Mayor Klein said the board "isn't ready to act on this" and set the next discussion for the June meeting.

The hearing was opened by motion earlier in the meeting and the adjournment vote was taken May 27; the board did not adopt the proposed local law at this session.