COUNCIL SOFTENS BAN ON BLOWERS; VOTE FAVORS FINE OF $270.

Byline: Rick Orlov Daily News Staff Writer

Despite an angry outcry from gardeners, the Los Angeles City Council on Wednesday gave preliminary approval to reinstating enforcement of a gas-powered leaf blower ban.

By a 9-4 vote, the council tentatively agreed to reduce the penalty from a misdemeanor punishable by up to a $1,000 fine and six months in jail to a $270 infraction, and exempted vacuums from the ban, which could go into effect by mid-February.

The council rejected a proposal to ease the hardship on gardeners by phasing the ban in over five years.

``I think we have come up with something reasonable where the punishment fits the crime,'' said Councilwoman Cindy Miscikowski, who pushed the ban she inherited from her predecessor, Councilman Marvin Braude.

The ban initially was adopted in December last year but suspended over enforcement questions. The current version of the ordinance would forbid use of gasoline-powered blowers within 500 feet of a residential neighborhood and hold gardeners and homeowners responsible for their use.

Because its action was not unanimous, the council will have to take a final vote Jan. 6. Mayor Richard Riordan also must approve the changes in the law.

But opponents said the measure will create a major hardship for the gardeners, representing an attack on the working class in the city.

``We're tired of the classism, the paternalism, the implication and assumption that gardeners can't think on their own,'' said Adrian Alvarez of the Association of Latino Gardeners.

Alvarez said his organization is considering hunger strikes to show its displeasure and also is considering acts of civil disobedience - such as using the leaf blowers once the law takes effect in mid-February.

But actress Julie Newmar, who played Catwoman in the ``Batman'' television series, said the gardeners were ignoring the health threat as she questioned the role played by manufacturers in attempting to block the law.

``These men are shuffling to the tunes of their manipulator,'' Newmar said. ``Your souls are being bought. The corruption should be banned.

``This is destructive technology run amok. I can't work in my office at my job anymore. Millions of people work at home. Don't we count?''

Councilman Richard Alarcon, who proposed the five-year phaseout of leaf blowers, questioned how well the Los Angeles Police Department would enforce the law.

``The Police Department won't say it, but they don't want this ordinance,'' Alarcon said. ``It will be very difficult for them to enforce it, particularly when it involves clashes between gardeners and residents.''

Because it is an infraction, officers must personally witness a violation to issue a ticket. Otherwise, residents will have to make a citizen's arrest and call the police.

Cmdr. Maurice Moore said the department will attempt to enforce the law, but it is not the highest on its priority list.

``This can't be a priority among all the things we do,'' Moore said. ``If there's a complaint from a resident, we will respond. If an officer drives by and witnesses a violation, they will stop, seek to get good identification and issue a citation.''

Beyond that, he said, the department still is working out details on how to cite the employers.

``The officers will go up to the resident and try to determine who is the employer and issue a citation if warranted,'' Moore said.

But the bigger problem is what to do if no one is in the residence.

Moore said the LAPD is working with the Bureau of Street Maintenance to work out a program.