(a) 
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Commercial passenger transportation.
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.
The operation of an engine in the operating mode where the engine is not engaged in gear.
Mechanical operations.
The use of electrical tools or equipment in construction, maintenance or repair of facilities.
Motor vehicle.
Any self-propelled device powered by an internal combustion engine and designed to operate with four or more wheels in contact with the ground, in or by which a person or property is or may be transported, and is required to be registered under V.T.C.A. Transportation Code, sec. 502.040.
Passenger transit operations.
A regional mode of public transportation that is funded through a portion of sales tax for the region being served.
Primary propulsion engine.
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.
(b) 
Idling prohibited.
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.
(c) 
Defenses.
It is a defense to prosecution under this section that:
(1) 
The motor vehicle has a gross vehicle weight rating of 14,000 pounds or less;
(2) 
The motor vehicle was forced to remain motionless because of traffic conditions over which the operator had no control;
(3) 
The motor vehicle was being used:
(A) 
By the United States military, national guard or reserve forces; or
(B) 
As an emergency or law enforcement motor vehicle;
(4) 
The primary propulsion engine of the motor vehicle was providing a power source necessary for a mechanical operation of the vehicle other than:
(A) 
Propulsion; or
(B) 
Passenger compartment heating or air conditioning;
(5) 
The primary propulsion engine of the motor vehicle was being operated for maintenance or diagnostic purposes;
(6) 
The primary propulsion engine of the motor vehicle was being operated solely to defrost a windshield;
(7) 
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:
(A) 
Was a school bus or was intended for commercial passenger transportation or passenger transit operations; and
(B) 
Did not idle more than 30 consecutive minutes;
(8) 
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;
(9) 
The primary propulsion engine of the motor vehicle was being used as airport ground support equipment;
(10) 
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; or
(11) 
A motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle’s sleeper berth for a government-mandated rest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available.
(d) 
Penalty.
(1) 
An offense under this section is punishable by a fine not to exceed $500.00. Each instance of a violation of this section is a separate offense.
(2) 
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.
(2006 Code, sec. 46-90; Ordinance 09-11-819, sec. 2, adopted 11/9/09; Ordinance adopting 2015 Code)
(a) 
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial motor vehicle.
Any motor vehicle with a gross vehicle weight rating (GVWR) over 14,000 pounds.
Idle.
The operation of a motor vehicle engine in operating mode where the engine is not engaged in gear.
(b) 
Restrictions.
A person commits an offense if he idles a commercial motor vehicle for more than five consecutive minutes at a location within the following:
(1) 
A residential district as defined in section 30.01.006 of this code;
(2) 
One thousand feet of a hospital; or
(3) 
One thousand feet of a public school during its hours of operation.
(c) 
Responsibility of person in control of premises.
A person commits an offense if, on any premises that he owns or controls, he permits the idling of a commercial motor vehicle for more than five consecutive minutes at a location within the following:
(1) 
A residential district as defined in section 30.01.006 of this code;
(2) 
One thousand feet of a hospital; or
(3) 
One thousand feet of a public school during its hours of operation.
(d) 
Defenses.
It is a defense to prosecution under subsections (b) and (c) of this section that the commercial motor vehicle:
(1) 
Was idling in obedience to an official traffic-control device;
(2) 
Was idling while stopped in traffic;
(3) 
Was idling in obedience to a peace officer;
(4) 
Was idling while being repaired in an enclosed structure;
(5) 
Was idling in order to defrost a windshield;
(6) 
Was a school bus;
(7) 
Was intended for commercial passenger transportation and was not idling on a public street, highway or alley;
(8) 
Was a concrete mixer truck that was only idling while actually pouring concrete or staging to pour concrete;
(9) 
Was a utility truck that was only idling while providing power as needed to perform utility work;
(10) 
Met a defense set forth in section 14.05.001(c) of this code; or
(11) 
A motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle’s sleeper berth for a government-mandated rest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available.
(e) 
Penalty.
(1) 
An offense under this section is punishable by a fine not to exceed $500.00. Each instance of a violation of this section is a separate offense.
(2) 
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.
(f) 
Additional regulations.
Nothing in this section may be construed to authorize idling of a commercial vehicle in violation of section 14.05.001 of this code.
(2006 Code, sec. 46-91; Ordinance 09-11-819, sec. 2, adopted 11/9/09; Ordinance adopting 2015 Code)