The city council of the city of Moreno Valley finds that:
A. 
Air pollution is a major public health concern in California. Air pollution can cause or aggravate lung illnesses such as acute respiratory infection, asthma, chronic bronchitis, emphysema, and lung cancer. In addition to the health impact, air pollution imposes significant economic costs and negative impacts on our quality of life.
B. 
Exhaust from vehicles, both on and off road, is a public nuisance that is a substantial source of carbon monoxide, ozone precursors, particulate matter, toxic air contaminants, and greenhouse gases. Although new engines have become cleaner due to new technologies, the slow turn over in their inventory and the number of miles/hours the vehicles drive/idle each year is hindering progress toward regional air quality.
C. 
A study of idling exhaust emissions conducted by the U.S. Environmental Protection Agency (EPA420-R-02-025, October 2002) indicates that a typical 1980s – 2001 model year truck operating on diesel fuel emits 144 grams per hour of nitrogen oxide and 8,224 grams per hour of carbon dioxide emissions and consumes about 0.82 gallons of diesel fuel while idling.
D. 
Truck idling further creates a public nuisance by creating a noise disturbance.
(Ord. 820 § 1, 2010)
"Driver"
means any person who drives, operates, or is in actual physical control of a vehicle.
"Emergency"
means a sudden, urgent, usually unforeseen occurrence.
"Equipment operator"
means any person who is in actual physical control of a piece of off-road equipment.
"Gross vehicle weight rating"
means the weight specified by the manufacturer as the loaded weight of a single vehicle.
"Heavy-duty vehicle"
means any on-road motor vehicle with a manufacturer's gross vehicle weight rating greater than 14,000 pounds.
"Idling"
means the engine is running while the vehicle is stationary or the piece of off-road equipment is not performing work.
"Medium-duty vehicle"
means any on-road motor vehicle with a manufacturer's gross vehicle weight rating of 6,001 to 14,000 pounds.
"Official traffic control device"
means any sign, signal, marking or device, consistent with Section 21400 of the California Vehicle Code, placed or erected by authority of a public body or having official jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features.
"Official traffic control signal"
means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
"Off-road equipment"
means all non-road equipment with a horsepower rating of 50 or greater.
"Transport refrigeration unit" or "TRU"
means a refrigeration system powered by an engine designed to control the environment of temperature sensitive cargo. A TRU is a piece of off-road equipment regardless of its horsepower rating.
"Vehicle"
means any on-road, self propelled vehicle that is required to be registered and have a license plate by the California Department of Motor Vehicles.
"Vehicle/equipment owner"
means the registered owner, lessee, licensee, or bailee of any heavy- or medium-duty vehicle or piece of off road equipment who operates or directs the operation of any such vehicle or equipment on either a for-hire or not-for-hire basis.
(Ord. 820 § 1, 2010)
This chapter shall apply to the operation of all diesel fueled vehicles regardless of gross vehicle weight rating, all heavy-duty vehicles fueled by either gasoline or diesel, all off-road diesel-powered equipment regardless of horsepower rating, and all off-road equipment regardless of fuel being used, except as provided in Section 12.50.050. Additionally, this chapter shall apply to transport refrigeration unit ("TRU") engines as specified in Section 12.50.040(C).
(Ord. 820 § 1, 2010)
A. 
A driver of a vehicle:
1. 
Must turn off the engine upon stopping at a destination; and
2. 
Must not cause or allow an engine to idle at any location for:
a. 
More than five consecutive minutes, or
b. 
A period or periods aggregating more than five minutes in any one-hour period.
B. 
An equipment operator of an off-road piece of equipment not identified in subsection A of this section must not cause or allow an off-road piece of equipment to idle at any location for:
1. 
More than five consecutive minutes; or
2. 
A period or periods aggregating more than five minutes in any one-hour period.
C. 
An equipment operator of a TRU must not cause or allow a TRU to operate while stationary unless the vehicle is lawfully parked at a location approved for truck parking by this code and not within 500 feet of a school unless the operator is actively engaged in the process of loading or unloading cargo or is waiting in a queue to load or unload cargo for a period not to exceed two hours.
D. 
An owner of a vehicle, an off-road piece of equipment, or a TRU must ensure that:
1. 
The vehicle operator or equipment operator, upon employment and at least once per year thereafter, is informed of the requirements of subsections A, B and C, and of the consequences, under this section and the fleet owner's terms of employment, of not complying with those requirements; and
2. 
Upon rental or lease of a vehicle or piece of equipment, written notification is provided of the requirements of subsections A, B and C; and
3. 
All complaints of non-compliance with, and enforcement actions related to, the requirements of subsections A, B and C are reviewed and remedial action is taken as necessary.
E. 
A private property owner shall not allow a vehicle, an off-road piece of equipment or a TRU located on the owner's property to violate subsection A, B or C. A private property owner shall notify owners and operators of vehicles, off-road pieces of equipment and TRUs entering the owner's private property of the requirements of subsections A, B and C.
(Ord. 820 § 1, 2010)
This chapter does not apply to a vehicle or piece of equipment for the period or periods during which:
A. 
Idling is necessary while stopped:
1. 
For an official traffic control device,
2. 
For an official traffic control signal,
3. 
For traffic conditions over which the driver has no control, including, but not limited to, stopped traffic, stopped at railroad crossings, or stopped at a construction zone, or
4. 
At the direction of a peace officer;
B. 
Idling is necessary to ascertain that the vehicle and/or the off-road equipment is in a safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the daily vehicle inspection, or as otherwise needed;
C. 
Idling is necessary for testing, servicing, repairing or diagnostic purposes;
D. 
Idling is necessary, for a period not to exceed three to five minutes (as recommended by the manufacturer) to cool down a turbo-charged heavy-duty vehicle before turning the engine off;
E. 
Idling is necessary to accomplish work for which the vehicle/equipment was designed, other than transporting goods, including, but not limited to, operating a lift, crane, pump, drill, hoist, ready-mixed concrete mixer or other auxiliary equipment other than a heater or air conditioner;
F. 
Idling is necessary to operate a lift or other piece of equipment designed to ensure safe loading and unloading of goods and people;
G. 
Idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver or passengers except:
1. 
For driver comfort when a driver is required to have rest time by law. In such case, the driver may only idle at a designated rest area or truck stop,
2. 
For passenger comfort in a paratransit vehicle with a passenger on board with a disability or health condition that would be critically aggravated if the vehicle were not maintained at an adequate temperature;
H. 
Idling is necessary solely to recharge a battery or other energy storage unit of a hybrid electric vehicle or equipment;
I. 
Idling is necessary to operate equipment that runs intermittently;
J. 
Idling is necessary for emergency services vehicles.
(Ord. 820 § 1, 2010)
Nothing in this chapter allows idling in excess of other applicable laws, including, but not limited to:
A. 
Title 13 California Code of Regulations Section 1226;
B. 
Title 13 California Code of Regulations Section 2480;
C. 
California Vehicle Code Section 22515; or
D. 
Any other local, state or federal law or regulation as stringent as, or more stringent than this chapter.
(Ord. 820 § 1, 2010)
Any violation of the provisions of this chapter shall be subject to the fines and penalties set forth in Chapters 1.01 and 1.10 of this code.
(Ord. 820 § 1, 2010)
This chapter may be enforced by any peace officer or enforcement officer as designated by the city manager, the California Air Resources Board, or the local air pollution control or air quality management district.
(Ord. 820 § 1, 2010)