Unless specifically defined in the Texas Health and Safety Code, Chapter 382 (also known as the Texas Clean Air Act) or in the rules of the Texas Commission on Environmental Quality, the terms used in this article have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by Texas Health and Safety Code, Chapter 382; § 3.2 of Title 30, Texas Administrative Code (relating to Definitions); § 101.1 (relating to Definitions); and § 114.1 (relating to Definitions), the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise.
(1) 
Idle.
The operation of an engine in the operating mode where the engine is not engaged in gear, where 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 there is no load on the engine.
(2) 
(Reserved)
(3) 
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 Texas Transportation Code, § 502.002, excluding vehicles registered under § 502.006(c).
(4) 
Primary propulsion engine.
A gasoline or diesel-fueled internal combustion engine attached to a motor vehicle that provides the power to propel the motor vehicle into motion and maintain motion.
(Ordinance 3039, § 2, adopted 2/9/2009)
(a) 
No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as defined in § 114.510 of Title 30, Texas Administrative Code (relating to definitions), is not in motion during the period of April 1 through October 31 of each calendar year.
(b) 
No driver using the vehicle's sleeper berth may idle the vehicle: in a residential area as defined by Local Government Code, § 244.001, in a school zone, within 1,000 feet of a hospital, or within 1,000 feet of a public school during its hours of operation. An offense under this subsection may be punishable by a fine not to exceed $500.00. This subsection expires September 1, 2009.
(Ordinance 3039, § 2, adopted 2/9/2009)
30 TAC § 114.517 is hereby adopted by reference. The provisions of this article and § 114.512 of Title 30 of the Texas Administrative Code (relating to Control Requirements for Motor Vehicle Idling) do not apply to those matters exempted by 30 TAC § 114.517.
(Ordinance 3039, § 2, adopted 2/9/2009; Ordinance 3237, § 1, adopted 1/14/2013)
Effective April 1, 2009, violation of any of the provisions of this article shall constitute a misdemeanor punishable by a fine not exceeding $500.00. Each and every day a violation shall occur or is continued shall constitute a separate offense punishable hereunder.
(Ordinance 3039, § 2, adopted 2/9/2009)