[HISTORY: Adopted by the Annual Town Meeting
of the Town of Lexington 4-4-2007 by Art. 16. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
Provisions in this by-law shall not apply to any activity
to the extent regulation thereof has been preempted by state or federal
law.
A.
Local enforcement of the state prohibition on unnecessary
operation of motor vehicle engines is authorized under 310 CMR 7.11
and 7.52.
B.
The Police Department, Fire Department, Board of Health,
Building Commissioner, or any designee thereof, shall be authorized
to enforce this by-law.
C.
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.
[Amended 3-27-2019 ATM by Art. 34]
The Select Board, 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 Select
Board to promulgate such rules and regulations shall not act to suspend
or invalidate the effect of this by-law.
