Enforcement of this article shall be year-round.
(Ordinance 969 adopted 8/9/11; 2004 Code, sec. 12.2701)
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;
(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)
