In an open letter to MyRye.com, the former head of the Rye City Democratic Committee Meg Cameron (and former State Assembly and City Council candidate) says the (highest) fines in the proposed gas leaf blower ban (see: Rye City Plans to Ban Gas Leaf Blowers, Raise Violation Penalties) are excessive and unconstitutional. The proposed law is scheduled to be discussed at Rye City Council next week on Wednesday, January 28, 2026.
The letter:
Along with a total ban on gas leaf blowers, the City Council is considering a proposal to punish a third leaf blower violation with a fine of up to $10,000 and possible confiscation of equipment.
This is a bad idea.
First, it’s unconstitutional. In a 2019 decision (Timbs v. Indiana), the US Supreme Court ruled that the Eighth Amendment’s prohibition against excessive fines applies to state and local governments as well as federal. And it applies to punitive civil forfeiture – like confiscating leaf blowers – as well as fines. New York courts cite this decision to affirm that governments cannot impose excessive fines or forfeitures, and that penalties must be proportional to the offence.
There’s no doubt that a $10,000 fine is excessive. Just look at other Westchester municipalities that have total bans on gas leaf blowers. None of them fines repeat violators more than $1,000. Or compare it to Rye’s punishments for similar offenses. Vehicle idling is fined $100 the first time and $300 after that. Making enough noise to disturb people at home (say, by owning a dog that barks a lot, driving a car without a muffler, etc.) is fined $250.
Second, it’s cruel. A $10,000 fine and loss of equipment might cause serious hardship to some residents and landscapers. Inflicting serious hardship is way out of proportion with a leaf blower infraction.
Finally, it might not work. In the last three months alone, the city issued over 400 tickets for leaf blower violations. Apparently, some residents view a fine as part of the cost of first-rate lawn care. That’s not all that surprising, since studies show that a fine is a weak deterrent. It seems logical that raising the fine would help – but studies show that severity of punishment is also a weak deterrent.
What do those studies say is a strong deterrent? The certainty of being caught. It seems that unless Rye hires a dedicated Lawn Officer, some residents will keep taking their chances.
So a major punishment for a minor offense would be both unfair and ineffective. On top of that, it would invite legal challenges. Rye’s laws need to be fair, reasonable and consistent with constitutional principles.
-Meg Cameron
I bet many of the people that write and promote thease laws don’t do their own yard work or don’t have a yard. Come and clean my large yard and driveway with a rake and broom for a few months. I work nights and weekends and I don’t have the luxury to spend all day tending my yard not to mention my age makes it more difficult to do physical yard work all day. Did anybody test the feasibility of such a law before writing it. I actually mulch mulch much of my leaves and grass but I still find a backpack blower indispensable for doing my yard quickly and efficiently.