Montgomery County’s ban on gas-powered leaf blowers is here to stay, but council members want to change how it’s enforced as concerns mount about surveilling a predominantly Latino workforce amid the federal government’s immigration crackdown.

The ban on gas leaf blower use went into effect on July 1, despite an unsuccessful last-ditch effort from at-large council member Gabe Albornoz to make exceptions for professional landscapers. Council members who supported the ban said its goal was to curb excessive noise produced by the machines as well as limit climate impacts from gas. Critics argued that the ban would be detrimental to local landscaping businesses, which would have to purchase new battery-powered equipment.

While the council offered a rebate program for previously purchased leaf blowers, some landscaping professionals said the payout wasn’t adequate to purchase new equipment.

The ban was primarily enforced by constituent reports. Complaints about gas-powered leaf blowers had to include a photo or video of the person using the leaf blower before enforcement could begin. Those who violate the ban are subject to a fine of $500 for the first offense and $750 for repeat offenses.

“This requirement created unintentional challenges as residents taking photos of workers raised privacy concerns for landscapers and community members, and has been exacerbated given the current climate we are in because of the White House,” Council President Kate Stewart said Tuesday.

Most council members signed on to cosponsor a bill, led by at-large council member Evan Glass, that will eliminate the need for a photo or video as evidence for a complaint. The near-unanimous support from the 11-member council indicates the change is likely to pass.

“We know that a large number of individuals who do lawn care in our community are Latino and immigrant individuals,” Glass said. “In this era of Donald Trump, we should not be encouraging people to take photos of their neighbors.”

About 1 in 4 residents in Montgomery County, which has the highest immigrant population in the state, says they know someone who has been personally affected by the federal immigration crackdown, according to a poll commissioned by The Banner.

Overall, 26% of county respondents indicated that they are aware of someone who has been affected by mass deportation efforts by U.S. Immigration and Customs Enforcement since President Donald Trump came into office.

According to a council staff report, the county’s Office of Legislative Oversight voiced concern that Latino landscapers would be disproportionately impacted by the ban’s reporting mechanism.

The staff report noted a 2011 study by the U.S. Hispanic Chamber of Commerce that found that Latino-owned businesses were overrepresented in the landscaping industry.

“More recent local data suggests Latinx-owned businesses may also be overrepresented in the County’s landscaping industry,” the staff report said.

When asked about concerns that the lack of a photo evidence requirement could lead to community members submitting fraudulent reports, Stewart said there is an appeal process and that the county is not focused on imposing penalties at this early stage of the ban.

“There are issues that might have some neighbors in conflict with each other, and we’re always balancing that in the county,” Stewart said. “If somebody is in violation of [the ban], our first step really should be to educate them about the new rules here, and not leap to a fine or something.”