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Village of Fultonville, NY
Montgomery County
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Code
New Laws (0) Index
[Adopted 1-16-2018 by L.L. No. 1-2018]
A. 
No person shall cause, suffer, allow or permit the engine of a diesel- or gasoline-powered motor vehicle to idle for more than three consecutive minutes if the vehicle is not in motion, except that:
(1) 
A motor vehicle at the vehicle operator's place of business where the motor vehicle is permanently assigned may idle for 30 consecutive minutes; or
(2) 
A motor vehicle may idle 15 consecutive minutes when the vehicle engine has been stopped for three or more hours.
B. 
The provisions of Subsection A above shall not apply to:
(1) 
A diesel bus while it is discharging or picking up passengers.
(2) 
A motor vehicle stopped in a line of traffic.
(3) 
A motor vehicle whose primary power source is utilized in whole or part for necessary and definitely prescribed mechanical operation other than propulsion, passenger compartment heating or passenger compartment air conditioning.
(4) 
A motor vehicle being or waiting to be examined by a state or federal motor vehicle inspector.
(5) 
An emergency motor vehicle in an emergency situation.
(6) 
A motor vehicle while it is being repaired.
(7) 
A motor vehicle while it is engaged in the process of connection or detachment of a trailer, or of exchange of trailers.
(8) 
A motor vehicle manufactured with a sleeper berth while it is being used in a nonresidentially zoned area by the vehicle's operator for sleeping or resting, unless the vehicle is equipped with a functions auxiliary power system designed in whole or in part to maintain cabin or sleep berth comfort or to mitigate cold weather startup difficulties.
C. 
No person shall cause, suffer, allow or permit any emissions control apparatus or element of design installed on any diesel-powered vehicle or diesel engine to be disconnected, detached, deactivated or in any other way render inoperable or less effective, in respect to limiting or controlling emissions that it was designed to be by the original equipment or vehicle manufacturer, except for the purposes of diagnostics, maintenance, repair or replacements and only for the duration of such operations.
A. 
Where an individual is adjudged guilty of a first violation of this part, 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 part 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 part 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 the part, the court may impose a fine of $5,000.
The Code Enforcement Officer or local police agency shall be empowered to enforce the provisions of this part.
No provision of the part shall be construed to impair any common law or statutory cause or action, or legal remedy therefrom, any person for injury or damage arising from any violation of this part or from other law.