[HISTORY: Adopted by the Town Board of the Town of Clifton Park 12-17-2001
by L.L. No. 19-2001. Amendments noted where applicable.]
A.
Large vehicles, machines and equipment left idling or
idling and unattended are a threat to the health, safety and welfare of the
citizens of the Town of Clifton Park. Machines, equipment and vehicles of
this nature include, but are not limited to, locomotives, tractor-trailer
trucks and earth-moving equipment. When left idling for extended periods,
these devices create a nuisance to Town residents in the form of excess noise
and harmful exhaust fumes, and they also create an even greater danger to
the public health and safety because of the possibility that they may be set
in motion by passersby, including children.
B.
In order to protect and preserve the public health, safety
and welfare, the Town of Clifton Park hereby restricts and proscribes the
circumstances in which large machinery, equipment and vehicles may be left
idling and unattended.
As used in this chapter, the following terms shall have the meanings
indicated:
Mobile, mechanical equipment used in the excavation, displacement
or transportation of earth.
A circumstance in which an engine is running but not engaged in motion.
A self-propelled engine, usually electric or diesel-powered, that
pulls or pushes freight or passenger cars on railroad tracks.
Locomotives, tractor-trailer trucks and earth movers.
A truck having a cab and no body, used for pulling large vehicles
such as vans or trailers.
A circumstance in which machinery or equipment is left idling with
no operator present or in control of the equipment.
A.
It shall be unlawful for any person or entity to cause
or to permit any locomotive, tractor-trailer truck or earth mover to idle
for more than 10 minutes or to remain idling and unattended for more than
five minutes.
B.
A law enforcement officer who observes idling machinery
or equipment shall direct the operator to turn off the engine. In the event
that the idling machinery or equipment is unattended, the officer shall turn
off the engine. A private citizen who observes unattended machinery or equipment
shall immediately report the circumstances to the police.
A law enforcement officer shall issue a citation for violation of this
chapter in any instance in which such officer observes idling or unattended
machinery or equipment. A citation may also be issued upon complaint of a
citizen who observes idling or unattended machinery or equipment. A citation
may be issued to an individual, a corporation or both. The prosecution of
any citation shall be adjudicated before the Clifton Park Town Court. A violation
of this chapter is classified as a misdemeanor.
A.
Where an individual is adjudged guilty of a first violation
of this chapter, the court may impose a fine not to exceed $350 or imprisonment
for a term of not less than 15 days nor more than one year, or both.
B.
Where an individual is adjudged guilty of a second violation
of this chapter within a five-year period, the court may impose a fine not
less than $350 nor more than $700 or imprisonment for a term of not less than
15 days nor more than one year, or both.
C.
Where an individual is adjudged guilty of a third violation
of this chapter within a five-year period, the court may impose a fine not
less than $700 nor more than $1,000 or imprisonment for a term of not less
than 15 days nor more than one year, or both.
D.
Where a corporation is adjudged guilty of a violation
of this chapter, the court may impose a fine of $5,000.
