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:
(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)