No person shall cause, suffer, allow, or permit the primary propulsion of a motor vehicle to idle for more than five (5) minutes when the motor vehicle is not in motion.
(Ordinance 897, sec. 2, adopted 11/11/08; Ordinance 969 adopted 8/9/11; 2004 Code, sec. 12.2702)
The provisions of this article do not apply to:
(1) 
A motor vehicle that has a gross vehicle rating of 14,000 pounds or less or of 14,400 pounds for motor vehicles equipped with a system that provides heating, cooling, or electrical service to a commercial vehicle’s sleeper berth for the purpose of reducing the idling of a motor vehicle;
(2) 
A motor vehicle forced to remain motionless because of traffic conditions over which the operator has no control;
(3) 
A motor vehicle that is being used:
(A) 
As an emergency or law enforcement motor vehicle; or
(B) 
By the United States military, National Guard, or reserve forces;
(4) 
The primary propulsion engine of a motor vehicle that is providing a power source necessary for 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 that is being operated for maintenance or diagnostic purposes;
(6) 
The primary propulsion engine of a motor vehicle that is being operated solely to defrost a windshield;
(7) 
The primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort/safety in those vehicles intended for commercial passenger transportation or school buses in which case idling up to a maximum of thirty (30) minutes is allowed;
(8) 
The primary propulsion engine of a motor vehicle that is being used for transit operations in which case idling up to a maximum of thirty (30) minutes is allowed;
(9) 
The primary propulsion engine of a motor vehicle that is being used to provide air conditioning or heating necessary for employee health or safety while the employee is using the vehicle to perform an essential job function related to roadway construction or maintenance;
(10) 
The primary propulsion engine of a motor vehicle that is being used as airport ground support equipment;
(11) 
The owner of a motor vehicle rented or leased to a person who operates the vehicle and is not employed by the owner;
(12) 
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;
(13) 
The primary propulsion engine of a motor vehicle being used to provide air conditioning or heating necessary for employee health or safety in an armored vehicle while the employee remains inside the vehicle to guard the contents or while the vehicle is being loaded or unloaded; and
(14) 
Any motor vehicle with a gross vehicle weight rating greater than 8,500 pounds that is equipped with a 2008 or subsequent model year heavy-duty diesel engine or liquefied or compressed natural gas engine that has been certified by the United States Environmental Protection Agency or another state environmental agency to emit no more than 30 grams of nitrogen oxides emissions per hour when idling.
(Ordinance 897, sec. 2, adopted 11/11/08; Ordinance 969 adopted 8/9/11; 2004 Code, sec. 12.2703)
Violation of this article shall be a class C misdemeanor and shall be punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 969 adopted 8/9/11; 2004 Code, sec. 12.2704; Ordinance adopting 2021 Code)
For any violation of this article, the person seeking to establish an affirmative defense or an exception shall have the burden of proving by a preponderance of the evidence that an event that would otherwise be a violation of this article is subject to one of the exceptions set forth in section 12.13.003.
(Ordinance 897, sec. 2, adopted 11/11/08; 2004 Code, sec. 12.2705)