[HISTORY: Adopted by the Town Board of the Town of Queensbury as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 179.
[Adopted 9-13-2004 by L.L. No. 7-2004]
Concerns have been raised concerning idling of diesel vehicles, particularly
in the Town's residential zones. Such activity can produce offensive
odors and offensive noise which can harm the health, safety and welfare of
residents. in addition, the activities prohibited in this article waste fuel
which is a limited resource, cause environmental harm and are inappropriate
in a residential zone. It is the finding of the Town Board that if a diesel
vehicle needs to be warmed up or kept warm to run, then the licensed driver
of the diesel vehicle shall use a block heater to keep the engine warm.
For the purposes of this article, "diesel vehicle" shall
mean any diesel-fueled vehicle requiring a CDL or higher license to drive.
Notwithstanding the above, diesel vehicle shall not include emergency vehicles
(e.g., fire or EMS), Town or other municipal or state vehicles operating in
the course of their duties (including, without limitation, school buses) or
utility company vehicles operating during an emergency, or delivery vehicles
while making deliveries or making pickups at places, of business.
No person shall allow a diesel vehicle to run or idle its engine for
any length of time while the diesel vehicle is unattended. "Unattended" means
where the properly licensed driver of the diesel vehicle is not in the diesel
vehicle's driver's seat and awake. This prohibition shall be effective
in all residential zones of the Town. The driver and the registered owner
of the diesel vehicle shall each be responsible for complying with this article.
Failure to comply with the provisions of this article shall be a violation
and, upon conviction thereof, shall be punishable by a fine of not more than
$100 for the first offense. The second conviction hereunder shall be punishable
by a fine of not more than $200 or imprisonment for a period of not more than
three days, or both. Any subsequent offense shall be punishable by a fine
of not more than $350 or imprisonment for a period of not more than seven
days, or both. Each violation shall constitute a separate offense. The licensed
driver of the diesel vehicle and, if different, the person in whose name the
diesel vehicle is registered shall each be considered and responsible for
each violation of this article and this article may be enforced against either
one or both for each violation.
