[HISTORY: Adopted by the Town Board of the Town of Rotterdam 12-10-2003 by L.L. No. 23-2003. Amendments noted where applicable.]
Noise — See Ch. 188.
The purpose of this chapter is to protect the health, safety, and welfare of Town residents and the public at large from the noise, nuisance and detrimental health impacts associated with idling diesel locomotives.
Idling locomotives produce large quantities of diesel fuel exhaust and fumes. Idling locomotives also produce large quantities of noise which serve to disturb or annoy reasonable persons of normal sensitivities. The United States Environmental Protection Agency has identified diesel exhaust and fumes as a likely cancer-causing agent detrimental to the health, safety, welfare and well-being of persons. Noise impacts are also identified as a detrimental impact upon the health, safety, welfare, and well-being of persons. Municipalities in this state are authorized to enact legislation to protect the health, safety, welfare, and well-being of its residents and the public at large.
As used in this chapter, the following terms shall have the meanings indicated:
- Instances where a diesel engine is running but the vehicle which it powers is not engaged in motion.
- A self-propelled engine, usually electric or diesel powered, that pulls or pushes freight or passenger railroad cars along railroad tracks.
- Any entity that owns title to and/or maintains a lease or other property interest in a locomotive.
- PERSON IN CHARGE
- That person having custody, control and/or responsibility for a diesel locomotive. Persons responsible for operating a locomotive shall also constitute a “person in charge.”
Between March 1 and December 1 of every year, no person in charge or owner shall allow a diesel locomotive engine, whether attended or unattended, to remain idling for a period of more than 30 minutes.
This chapter shall be enforced by the Rotterdam Police Department or any other law enforcement agency with geographical jurisdiction. This chapter may also be enforced by the Building Inspector/Code Enforcement Officer of the Town of Rotterdam.
A violation of this chapter shall subject a person to a fine of $1,000 and/or up to a year in jail.
This chapter shall not apply to any locomotive in motion or otherwise actually engaged in interstate commerce. Stationary locomotives not in actual motion are not considered actively engaged in interstate commerce pursuant to this chapter. Active and actual engagement in interstate commerce shall constitute an affirmative defense to any prosecution under this chapter.