The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section.
Commercial passenger transportation
means a mode of transportation provided by a bus or motor coach designed to accommodate more than ten passengers (including the operator) for compensation, and that is powered by a primary propulsion engine, but specifically excluding the modes of railroad, light rail, or taxicabs.
Idle
means the operation of an engine in the operating mode where:
(1) 
The engine is not engaged in gear;
(2) 
The engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released; and
(3) 
There is no load on the engine.
Mechanical operations
means the use of electrical tools or equipment in construction, maintenance, or repair of facilities.
Passenger transit operations
means a regional mode of public transportation that is funded through a portion of sales tax for the region being served.
Primary propulsion engine
means a gasoline or diesel-fueled internal combustion engine that:
(1) 
Is attached to a motor vehicle; and
(2) 
Provides the power to propel the motor vehicle into motion and maintain motion.
(Ordinance 1832, § 1, 9-23-08)
A person commits an offense if, at any time from April 1 through October 31 of any calendar year, he causes, suffers, allows, or permits the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle is not in motion.
(Ordinance 1832, § 1, 9-23-08)
It shall be a defense to prosecution under this article that:
(a) 
The motor vehicle has a gross vehicle weight rating of 14,000 pounds or less;
(b) 
The motor vehicle was forced to remain motionless because of traffic conditions over which the operator had no control;
(c) 
The motor vehicle was being used:
(1) 
By the United States military, national guard, or reserve forces; or
(2) 
As an emergency or law enforcement motor vehicle.
(d) 
The primary propulsion engine of the motor vehicle was providing a power source necessary for a mechanical operation of the vehicle, other than:
(1) 
Propulsion; or
(2) 
Passenger compartment heating or air conditioning.
(e) 
The primary propulsion engine of the motor vehicle was being operated for maintenance or diagnostic purposes;
(f) 
The primary propulsion engine of the motor vehicle was being operated solely to defrost a windshield;
(g) 
The primary propulsion engine of the motor vehicle was being used to supply heat or air conditioning necessary for passenger comfort or safety, if the vehicle:
(1) 
Was a school bus or was intended for commercial passenger transportation or passenger transit operations; and
(2) 
Did not idle more than 30 consecutive minutes;
(h) 
The primary propulsion engine of the motor vehicle was being used to provide air conditioning or heating necessary for employee health or safety while the employee was using the vehicle to perform an essential job function related to roadway construction or maintenance;
(i) 
The primary propulsion engine of the motor vehicle was being used as airport ground support equipment; or
(j) 
The person charged with the offense was the owner of a motor vehicle that had been rented or leased to the person operating the vehicle at the time of the offense, if the vehicle operator was not employed by the vehicle owner.
(Ordinance 1832, § 1, 9-23-08)
(a) 
An offense under this section is punishable by a fine as set forth in accordance with section 1-12, “General penalty,” of this Code. Each instance of a violation of this section is a separate offense.
(b) 
Prosecution for an offense under this section does not preclude the use of other enforcement remedies or procedures that may be available to the city.
(Ordinance 1832, § 1, 9-23-08)