The State Legislature of the State of California has determined that air quality is impacted by lengthy idling of diesel-fueled commercial motor vehicles. It authorized the California Air Resource Board, pursuant to Health and Safety Code sections 39002, 39003, 39500 and 43013, to adopt regulations restricting idling of diesel-fueled commercial motor vehicles. The California Air Resources Board adopted Section 2485 as set out in Title 13 for the California Code of Regulations restricting the idling of diesel-fueled commercial motor vehicles with gross vehicle weight ratings of greater than 10,000 pounds that are or must be licensed to operate on publicly maintained highways and streets within California. The County of Tulare desires to raise public awareness of these restrictions and the associated penalties by adding this Chapter, incorporating these regulations, to the Ordinance Code of Tulare. References to Section 2485 of Title 13 of the California Code of Regulations will hereinafter be noted as authority for particular sections of this Chapter as follows: [Reference: 13 CCR Section 2485].
(Added by Ord. No. 3486, effective 12-17-15)
It is the County’s intent to incorporate the regulations of Title 13, Section 2485, of the California Code of Regulations into its Ordinance Code to provide a local reference to these requirements. The authority to adopt these regulations is vested in the California Air Resources Board. It is not the intent of the County to replace, supersede or modify the regulations adopted by the California Air Resource Board. It is the County’s intent that regulations adopted by the California Air Resource Board pertaining to diesel-fueled commercial motor vehicles and any amendments or changes made from time to time to those regulations shall control, take priority over and preempt the regulations adopted below.
(Added by Ord. No. 3486, effective 12-17-15)
This Chapter applies to diesel-fueled commercial motor vehicles that operate in the unincorporated areas of the County of Tulare with gross vehicle weight ratings of greater than 10,000 pounds that are or must be licensed for operation on highways as provided in Title 13, Section 2485 of the California Code of Regulations. This specifically includes (1) California-based vehicles and (2) Non-California-based vehicles. [Reference: 13 CCR Section 2485(b)]
(Added by Ord. No. 3486, effective 12-17-15)
The definitions set out in Title 13, Section 2485(h), of the California Code of Regulations and the California Vehicle Code, as either may be amended from time to time, shall govern the construction of this Chapter and control over the definitions set out herein. The definitions set out herein are for ease of reference only and shall not supersede, preempt or modify the definitions set out in Section 2485(h) or the Vehicle Code.
(a) 
"Armored car"
is as defined in Vehicle Code section 115 (a vehicle that is equipped with materials on either the front, sides, or rear for the protection of persons therein from missiles discharged from firearms).
(b) 
"Authorized emergency vehicle"
is as defined in Vehicle Code Section 165.
(c) 
"Auxiliary power system" or "APS"
means any device that is permanently dedicated to the vehicle on which it is installed and provides electrical, mechanical, or thermal energy to the primary diesel engine, truck cab and/or sleeper berth, bus's passenger compartment or any other commercial vehicle's cab, as an alternative to idling the primary diesel engine.
(d) 
"Bus"
means any vehicle defined in Title 13, California Code of Regulations, Section 2480, subsections (h) (13)-(16), inclusive or as defined in the Vehicle Code Section 233.
(e) 
"Commercial motor vehicle"
means any vehicle or combination of vehicles defined in Vehicle Code Section 15210(b) and any other motor truck or bus with a gross vehicle weight rating of 10,001 pounds or more, except the following:
(1) 
a zero emission vehicle; or
(2) 
a pickup truck as defined in Vehicle Code Section 471 (a motor truck with a manufacturer’s gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. "Pickup truck" does not include a motor vehicle otherwise meeting this definition that is equipped with a bed-mounted storage compartment unit commonly called a "utility body").
(f) 
"Driver"
is as defined in Vehicle Code Section 305 (any person who drives, operates, or is in actual physical control of a vehicle).
(g) 
"Fuel-fired heater"
means a fuel burning device that creates heat for the purpose of (1) warming the cab or sleeper berth compartment of a vehicle or (2) warming the engine oil and/or coolant for easy start-up of the vehicle's engine but does not contribute to the propulsion of the vehicle.
(h) 
"Gross vehicle weight rating"
is as defined in Vehicle Code Section 350 (the weight specified by the manufacturer as the loaded weight of a single vehicle).
(i) 
"Highway"
is as defined in Vehicle Code Section 360 (a way or place of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular travel. Highway includes street).
(j) 
"Idling"
means the vehicle engine is running at any location while the vehicle is stationary.
(k) 
"Motor truck" or "motortruck"
means a motor vehicle designed, used, or maintained primarily for the transportation of property.
(l) 
"Official traffic control device"
is as defined in Vehicle Code Section 440 (any signal, marking, or device, consistent with Section 21400 of the Vehicle Code, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed bumps, or other roadway design features).
(m) 
"Official traffic control signal"
is as defined in Vehicle Code Section 445 (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).
(n) 
"Owner"
is as defined in Vehicle Code Section 460.
(o) 
"Primary diesel engine"
means the diesel-fueled engine used for vehicle propulsion.
(p) 
"Queuing"
means (1) through (3):
(1) 
the intermittent starting and stopping of a vehicle;
(2) 
while the driver, in the normal course of doing business, is waiting to perform work or a service; and
(3) 
when shutting the vehicle engine off would impede the progress of the queue and is not practicable.
(4) 
Queuing does not include the time a driver may wait motionless in line in anticipation of the start of a workday or opening of a location where work or a service will be performed.
(q) 
"Restricted area"
means any real property zoned for individual or multifamily housing units that has one or more of such units on it.
(r) 
"Safety or health emergency"
means:
(1) 
a sudden, urgent, or usually unforeseen, occurrence; or
(2) 
a foreseeable occurrence relative to a medical or physiological condition.
(s) 
"Sleeper berth"
is as defined in Title 13, California Code of Regulations, Section 1265.
(t) 
"Vehicle"
is as defined in the Vehicle Code Section 670 (a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks).
(u) 
"Workover rig"
is as defined in Section 2449 of Title 13, California Code of Regulations (a mobile self-propelled rig used to perform one or more remedial operations, such as deepening, plugging back, pulling and resetting liners, on a producing oil or gas well to try to restore or increase the well’s production).
(Added by Ord. No. 3486, effective 12-17-15)