Update: Attorney General's Opinion Allows City to Ban Gas Powered Leaf Blowers

Path cleared for City Council debate and action

Virginia Attorney General Jayson Miyares issued an August 12 opinion confirming that Alexandria has authority under its charter to regulate gas powered leaf blowers (GPLBs) through the City’s noise ordinance.  The opinion can be seen

Those seeking to ban or restrict GPLBs in the City, notably Quiet Alexandria, an advocacy organization, have been frustrated for years by a seemingly circular discussion.  The uncertainty about the City’s authority to regulate GPLBs arose because the Dillon Rule limits the authority of localities to that specifically granted by the General Assembly. State and City officials expressed differing opinions about the City’s ability to regulate GPLBs. General Assembly members said that state legislative action was unnecessary, while Alexandria officials said the Dillon Rule precluded, or might preclude, the City’s regulation of GPLBs.

Miyares’ opinion gives the City a variety of options, including the passage of a restriction or ban specifically targeted at GPLBs.

“Quiet Alexandria couldn't be happier with the opinion,” wrote Alexandria lawyer Jamie Conrad who has advised the advocacy organization.

“It [the opinion] says very clearly that the City is authorized under its charter to ban gas powered leaf blowers, via its noise ordinance, because they exceed reasonable decibel limits.  With the Dillon Rule issue taken off the table, Council is free to craft an amendment that deals directly with gas powered leaf blowers,” Conrad said.

Alexandria Mayor Justin Wilson reacted to the issuance of the Attorney General’s Opinion by writing, “This is a very positive development. We are now reviewing the opinion and will ask the City Attorney to prepare an ordinance for Council consideration.”