[HISTORY: Adopted by the Town Board of the Town of Clifton Park 12-17-2001 by L.L. No. 19-2001. Amendments noted where applicable.]
Large vehicles, machines and equipment left idling or idling and unattended are a threat to the health, safety and welfare of the citizens of the Town of Clifton Park. Machines, equipment and vehicles of this nature include, but are not limited to, locomotives, tractor-trailer trucks and earth-moving equipment. When left idling for extended periods, these devices create a nuisance to Town residents in the form of excess noise and harmful exhaust fumes, and they also create an even greater danger to the public health and safety because of the possibility that they may be set in motion by passersby, including children.
In order to protect and preserve the public health, safety and welfare, the Town of Clifton Park hereby restricts and proscribes the circumstances in which large machinery, equipment and vehicles may be left idling and unattended.
As used in this chapter, the following terms shall have the meanings indicated:
- EARTH MOVER
- Mobile, mechanical equipment used in the excavation, displacement or transportation of earth.
- A circumstance in which an engine is running but not engaged in motion.
- A self-propelled engine, usually electric or diesel-powered, that pulls or pushes freight or passenger cars on railroad tracks.
- MACHINERY AND EQUIPMENT
- Locomotives, tractor-trailer trucks and earth movers.
- TRACTOR-TRAILER TRUCKS
- A truck having a cab and no body, used for pulling large vehicles such as vans or trailers.
- A circumstance in which machinery or equipment is left idling with no operator present or in control of the equipment.
It shall be unlawful for any person or entity to cause or to permit any locomotive, tractor-trailer truck or earth mover to idle for more than 10 minutes or to remain idling and unattended for more than five minutes.
A law enforcement officer who observes idling machinery or equipment shall direct the operator to turn off the engine. In the event that the idling machinery or equipment is unattended, the officer shall turn off the engine. A private citizen who observes unattended machinery or equipment shall immediately report the circumstances to the police.
A law enforcement officer shall issue a citation for violation of this chapter in any instance in which such officer observes idling or unattended machinery or equipment. A citation may also be issued upon complaint of a citizen who observes idling or unattended machinery or equipment. A citation may be issued to an individual, a corporation or both. The prosecution of any citation shall be adjudicated before the Clifton Park Town Court. A violation of this chapter is classified as a misdemeanor.
Where an individual is adjudged guilty of a first violation of this chapter, the court may impose a fine not to exceed $350 or imprisonment for a term of not less than 15 days nor more than one year, or both.
Where an individual is adjudged guilty of a second violation of this chapter within a five-year period, the court may impose a fine not less than $350 nor more than $700 or imprisonment for a term of not less than 15 days nor more than one year, or both.
Where an individual is adjudged guilty of a third violation of this chapter within a five-year period, the court may impose a fine not less than $700 nor more than $1,000 or imprisonment for a term of not less than 15 days nor more than one year, or both.
Where a corporation is adjudged guilty of a violation of this chapter, the court may impose a fine of $5,000.