[HISTORY: Adopted by the Township Committee of the Township
of Stillwater 8-19-2014 by Ord. No. 2014-16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 470
but was renumbered for organizational purposes.
A.
No person shall cause, suffer, allow, or permit the engine of a diesel-powered
motor vehicle to idle for more than three consecutive minutes if the
vehicle is not in motion, except:
(1)
A motor vehicle that has been stopped for three or more hours may
idle for up to 15 consecutive minutes when the ambient temperature
is below 25° F.; and
(2)
A diesel bus while it is actively discharging or picking up passengers
may idle for up to 15 consecutive minutes in a sixty-minute period.
B.
The provisions of Subsection A shall not apply to:
(1)
Any motor vehicle idling in traffic, or a motor vehicle other than
a school bus idling in a queue of motor vehicles, that is intermittently
motionless and moving because the progress of the motor vehicles in
the traffic or the queue has stopped or slowed by the congestion of
traffic on the roadway or by other conditions over which the driver
of the idling motor vehicle has no control.
(2)
A motor vehicle whose primary power source is utilized in whole or
in part for necessary and definitely prescribed mechanical operation
other than propulsion. This includes, but is not limited to, operating
lift-gate pumps and controlling cargo temperature. This exemption
does not apply to passenger compartment heating or passenger compartment
air conditioning;
(3)
A motor vehicle being or waiting to be examined by a state or federal
motor vehicle inspector;
(4)
Vehicles that are actively performing emergency services. Examples
include fire vehicles, first-aid vehicles, police vehicles, public
utility vehicles, military tactical vehicles and snow-removal vehicles
during the time that such vehicles are actively performing emergency
services;
(5)
A motor vehicle while it is being repaired or serviced, provided
that operation of the engine is essential to the proper repair or
service.
No person shall cause, suffer, allow or permit the operation
of any diesel-powered motor vehicle upon the public roads, streets
or highways of the Township or upon any public property or upon any
quasi-public roadway in the Township, if the vehicle:
A.
Emits smoke in the exhaust emissions, the opacity of which exceeds
any applicable smoke opacity standards set forth in N.J.A.C. 7:27-14.6;
B.
Emits visible smoke of any color in the exhaust emissions for more
than three consecutive seconds when the engine is a normal operating
temperature;
C.
Does not have a properly functioning and properly maintained emission
control apparatus, as determined according to the emissions control
apparatus examination procedures established at N.J.A.C. 7:27B-4.4;
D.
Has an emission control apparatus or an element of design installed
on the vehicle or diesel engine or exhaust system, which has been
disconnected, detached, deactivated or in any other way rendered inoperable
or less effective than designed by the original equipment or vehicle
or engine manufacturer; or
E.
Has a retrofit device or any part thereof, or a closed crankcase
ventilation system or any part thereof, that was installed pursuant
to N.J.S.A. 26:2C-8.26 et seq. and N.J.A.C. 7:27-32 and that has been
disconnected, detached, deactivated, or in any other way rendered
inoperable or less effective, with respect to limiting or controlling
emissions, than it was designed to be by the original retrofit device
or closed crankcase ventilation system manufacturer.
A.
No person shall cause, suffer, allow, or permit the engine of a gasoline-fueled
motor vehicle to idle for more than three consecutive minutes if the
vehicle is not in motion.
B.
The provisions of Subsection A above shall not apply to:
(1)
Autobuses while actively discharging or picking up passengers. This
exemption is limited to 15 consecutive minutes in a sixty-minute period;
(2)
Any motor vehicle idling in traffic, or a motor vehicle other than
a school bus idling in a queue of motor vehicles, that is intermittently
motionless and moving because the progress of the motor vehicles in
traffic or the queue has been stopped or slowed by the congestion
of traffic on the roadway or by other conditions over which the driver
of the idling motor vehicle has no control;
(3)
Motor vehicles whose primary and/or secondary power source is utilized
in whole or in part for necessary and definitely prescribed mechanical
operation other than propulsion. This use includes, but is not limited
to, operating lift-gate pumps and controlling cargo temperature. This
exemption does not apply to passenger compartment heating or passenger
compartment air conditioning;
(4)
Motor vehicles being or waiting to be examined by state or federal
motor vehicle inspectors.
(5)
Motor vehicles that are actively performing emergency services. Examples
include fire vehicles, first-aid vehicles, police vehicles, public
utility vehicles, military tactical vehicles and snow-removal vehicles,
during the time that such vehicles are actively performing emergency
services;
(6)
Motor vehicles while being repaired or serviced, provided that operation
of the engine is essential to the proper repair or service; or
(7)
Motor vehicles manufactured with a sleeping berth while being used,
in a non-residentially zoned area, by the vehicle's operator
for sleeping or resting, unless the vehicle is equipped with a functional
auxiliary power system designed in whole or in part to maintain cabin
or sleeper berth comfort or to mitigate cold weather start-up difficulties.
Any person violating any provision of this chapter shall, upon
conviction, be punishable by a fine of not less than $250 nor more
than $1,000. Each violation of any of the provisions of this chapter
and each day that such offense shall continue shall be deemed to be
a separate and distinct offense.