[HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-4-2007 by Art. 16. Amendments noted where applicable.]
Parking — See Ch. 93.
The Town of Lexington finds that unnecessary operation of motor vehicle engines jeopardizes the health, safety, and welfare and degrades the quality of life of its citizens and environment.
The purpose of this by-law is to protect the citizens of Lexington and the environment from the harmful effects of unnecessary operation of motor vehicle engines. Idling of motor vehicle engines adversely affects air quality; wastes fuel and money; contributes to global warming; and can impair health, especially the health of children. Exhaust fumes contain fine particles, which can trigger asthma attacks, the most chronic disease in children.
This by-law shall apply to the unnecessary operation of motor vehicle engines within the limits of the Town of Lexington and shall be consistent in scope with relevant state and federal statutes and regulations.
All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations, carry out their programs in such a manner as to comply with this by-law.
Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law.
Local enforcement of the state prohibition on unnecessary operation of motor vehicle engines is authorized under 310 CMR 7.11 and 7.52.
The Police Department, Fire Department, Board of Health, Building Commissioner, or any designee thereof, shall be authorized to enforce this by-law.
Any person who violates any provision of this by-law may be subject to fines, or in the event of recurring, frequent or egregious violations, by indictment or by complaint of the enforcing officer. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue. Each time that such violation recurs shall be considered a separate offense.
If any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force.
Nothing in this by-law shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws.
The Board of Selectmen, or its designees, may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this by-law. However, failure by the Board of Selectmen to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law.