[HISTORY: Adopted by the Town Board of the Town of Rotterdam 12-10-2003
by L.L. No. 23-2003. Amendments noted where applicable.]
GENERAL REFERENCES
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.
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.
