(A) Definitions. As used in this section:
HIGHWAY MOTOR VEHICLE. Any vehicle, including motorcycles, powered by gasoline or diesel fuel and which has been intended, designed and manufactured primarily for use in carrying passengers or cargo on public roads, streets, and highways.
NON-HIGHWAY MOTOR VEHICLE. Any vehicle, including motorcycles, powered by gasoline or diesel fuel which has been intended, designed and manufactured primarily for operation off public roads, streets, and highways.
OPACITY. The degree to which an air contaminant emission obscures the view of an observer, expressed in percentage of obscuration or in the degree (percent) to which transmittance of light is reduced by an air contaminant emission.
PERSON. Any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision, or agency or any other legal entity or legal representative, agent, or assign. Where the operator is not the owner, the owner shall have primary responsibility for compliance.
VISIBLE AIR CONTAMINANT EMISSION. Any fume, smoke, particulate matter, vapor, or gas, or combination thereof, except water vapor or steam condensate.
(B) Visible Emission Requirements.
(1) No person shall cause to be emitted from any gasoline-powered highway or non-highway motor vehicle any continuous visible air contaminant emission while the vehicle is in operation for a period greater than two consecutive seconds.
(2) No person shall cause to be emitted from any diesel-powered highway motor vehicle, 10,000 pounds gross vehicle weight rating or less, visible air contaminant emissions for a period greater than five consecutive seconds, which is a shade or density of more than 25% opacity.
(3) No person shall cause to be emitted from any diesel-powered highway motor vehicle, greater than 10,000 pounds gross vehicle weight rating, continuous visible air contaminant emission while the vehicle is in operation for a period greater than five consecutive seconds, which is a shade or density of more than 30% opacity.
(4) No person shall cause to be emitted from any diesel-powered non-highway motor vehicle continuous visible air contaminant emission while the vehicle is in operation for a period greater than ten consecutive seconds, which is a shade or density of more than 40% opacity.
(5) Diesel-powered highway and non-highway motor vehicles exceeding these requirements shall be exempt for a period of ten minutes, if the excessive visible air contaminant emissions are a direct result of cold engine start-up and provided that the motor vehicle is in a stationary position.
('74 Code, § 9-5-20.27) (Ord. 8-1988)