Photo evidence will no longer be required in order to report a violation of Montgomery County’s gas-powered leaf blower ban, the County Council voted unanimously on Tuesday.

“The reason we’re updating this law is because of the terror that Donald Trump and ICE have created in our community,” council member Evan Glass, the bill’s sponsor, said Tuesday. “We do not want neighbors taking photos of those who are doing yard work in our community.”

The ban on gas-powered 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, forcing them to purchase new battery-powered equipment.

Advertise with us

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 reports from community members.

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.

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

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

Advertise with us

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.

During a September press briefing, Council President Kate Stewart responded to 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.”

Albornoz said Tuesday that his office has received several reports that people have threatened to call ICE on “people who are just doing their jobs.”

“I just ask that the members of our community, our residents, please allow some grace for these contractors and these companies,” Albornoz said.