(a) Except as provided in subsection (b) of this section:
(1) The owner or operator of a vehicle shall not cause or allow a vehicle to idle for more than five (5) minutes in any sixty (60) minute period within a 500-foot radius of a residence, government office, park, school (or other similar children's facility), or health care facility; and,
(2) The owner or operator of a vehicle that is loading or unloading at a loading dock or loading/unloading area, and the owner or operator of the loading dock or loading/unloading area, shall not cause or allow a vehicle to idle in that loading/unloading area for more than ten (10) minutes in any sixty (60) minute period within a 500-foot radius of a residence, government office, park, school (or other similar children's facility), or health care facility;
(3) The owner of any retail establishment, including any convenience store, service station, truck stop, store or restaurant, shall not allow any operator of a vehicle to cause or allow a vehicle to idle for more than five (5) minutes in any sixty (60) minute period;
(4) The owner of any retail establishment, including any convenience store, service station, truck stop, store or restaurant, shall not allow any operator of a vehicle that is loading or unloading at a loading dock or loading/unloading area, and the owner or operator of the loading dock or loading/unloading area, shall not cause or allow a vehicle to idle in that loading/unloading area for more than ten (10) minutes in any sixty (60) minute period.
(b) Subsection (a) of this section does not apply when:
(1) The outdoor temperature is below thirty- two degrees Fahrenheit (32°F) or above eighty-five degrees Fahrenheit (85°F). However, in those circumstances when the temperature has reached such levels, idling shall be only permitted for ten (10) minutes in any sixty (60) minute period;
(2) To prevent a safety or health emergency, a vehicle idles when operating defrosters, heaters, air conditioners, or when installing equipment;
(3) A vehicle idles while forced to remain motionless because of on-highway traffic or incident, an official traffic control device or signal, or at the direction of a law enforcement official;
(4) A vehicle is queued in line waiting to refuel;
(5) The primary propulsion engine idles for maintenance, servicing, repair, or diagnostic purposes if idling is required for such activity, or idles as part of a state or federal inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection;
(6) Idling of the primary propulsion engine is necessary to power work-related mechanical or electrical operations other than propulsion ( e.g., mixing or processing cargo). This exemption does not apply when idling for refrigeration, cabin comfort or to operate non-essential on-board equipment;
(7) An armored vehicle idles when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded;
(8) A vehicle idles due to mechanical difficulties over which the driver has no control;
(9) A vehicle is actively engaged in work upon the surface of a street or highway, including construction, cleaning, and snow removal activities, and the operator is in the vehicle; and,
(10) The motor vehicle is owned by a public utility and is operated for electricity generation or hydraulic pressure to power equipment necessary in the restoration, repair, modification or installation of utility service.
(c) Owners of public parking for commercial vehicles shall erect one sign for every three commercial vehicle parking spaces sufficiently legible to be seen by an ordinarily observant person and advising of the time limits of Section 555.03(a)(3) and the potential fines as set forth in Section 555.99.
(Ord. 2022-7-9. Passed 8-23-22.)