[HISTORY: Adopted by the Rockland County Legislature 4-4-2007
by L.L. No.4-2007. Amendments noted where applicable.]
The Legislature of the County of Rockland hereby intends to reinforce
and supplement, and to be construed in a manner not inconsistent with, the
Sanitary Code of the County of Rockland as enacted by the Board of Health
of the Rockland County Health District pursuant to § 347 of the
Public Health Law and as from time to time amended.
A.
No person shall cause or permit the engine of a motor
vehicle, except as otherwise permitted by Sections 12.12.1.2, 12.12.2.1, 12.12.2.2.,
12.12.2.3, and 12.12.2.4 of the Sanitary Code of Rockland County, to idle
for longer than three consecutive minutes when the motor vehicle is not in
motion.
B.
At appropriate locations throughout the County, including but not limited to locations for which the County receives a substantial number of complaints of idling motor vehicles, the County shall post signs relating to prohibited idling that shall comply with the standards set forth in the Manual on Uniform Traffic Control Devices and, where practicable, include the maximum penalty that may be imposed for a violation of Subsection A.
C.
In any proceeding relating to a violation of the restrictions
on idling, it shall not be a defense that a sign required by this section
was absent at the time of the violation.
A.
Criminal penalties. Any person who violates this law
shall be guilty of an offense; namely, a violation, punishable on conviction
for a first offense by a fine not exceeding $250 or by imprisonment for not
exceeding 15 days, or both; and for a second or subsequent offense, by a fine
not exceeding $1,000 or by imprisonment for not exceeding 15 days, or both.
B.
Civil penalties.
(1)
Any person who violates this chapter shall be subject
to the imposition of a civil penalty by the Commissioner of Health not exceeding
$1,000 for each single violation of this chapter.
(2)
The penalty provided for by this section may be sued
for and recovered by the Commissioner of Health in any court of competent
jurisdiction.
(3)
Each day or a part of a day on which a violation continues
shall constitute a separate violation.
