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.
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.