Narberth committee recommends pausing action on gas-powered leaf-blower ordinance, citing litigation concerns

The Narberth Borough Public Safety Committee on Dec. 14 discussed a proposed ordinance to restrict gas-powered leaf blowers and recommended postponing final action for several months while the borough watches how neighboring municipalities implement similar rules and monitors possible litigation.

The ordinance under discussion would phase in seasonal restrictions beginning in 2026 and move to a full ban in 2029, and would apply to residents and landscaping businesses. A committee speaker summarized the measure: “It applies to all residents, landscapers… this is a seasonal phase in for 2026 to 2028 and then it moves to a full ban in 2029.”

Supporters at the meeting expressed backing for the ban but urged caution about the timing. One council member, summarizing legal advice relayed in the discussion, said he believed the borough could be named in litigation: “I do believe it's the opinion of solicitor Volker that we will be named as codefendants.” That concern, together with calls to observe implementation in neighboring Lower Merion, led members to recommend delaying advertisement and formal adoption for roughly two to four months so staff can track outcomes and potential legal challenges.

Committee members also discussed technical code placement and drafting edits. Staff and one council member said a colleague had suggested adding whereas clauses similar to a prior plastics-straw ordinance to strengthen the borough’s legal basis, and possibly relocating the provision in the borough code from the property-maintenance section to the nuisance section for clearer enforcement language.

No final ordinance adoption occurred at the meeting; the committee’s action was a recommendation about timing. The chair summarized the committee direction as to advertise or bring the ordinance back for council consideration after a short delay to monitor neighboring implementation and legal risk. The transcript does not record a detailed roll-call tally for the timing recommendation.

Next steps: staff were asked to monitor case law and Lower Merion’s implementation, draft the revised ordinance language that incorporates the recommended whereas clauses and code placement changes, and return to council with a timetable for advertisement and a proposed ordinance once legal and implementation questions are clarified.