(a) It shall be unlawful for any person who owns or operates any motor vehicle which is powered by diesel fuel to stand such vehicle with the engine running for more than a total of three minutes within any sixty- minute period.
(b) The prohibition of subsection (a) of this section shall not apply to:
(1) authorized emergency vehicles while in the course of providing services for which the vehicle is designed and vehicles that are operating equipment or devices used to prevent a safety or health emergency;
(2) vehicles used as airport support equipment, but only when the standing of such vehicles with the engine running is necessary for airport operations related to aircraft movements, airport safety, or airport security;
(3) vehicles or equipment standing with the engine running to operate auxiliary equipment that is required to accomplish the intended use of the vehicle, including, but not limited to, loading, unloading, mixing, controlling of cargo temperature, or operating necessary computer systems on a bus owned by a public transit authority, while in use and not for the convenience of the vehicle's operator;
(4) vehicles standing with the engine running for the purpose of service, repair or government inspection, when such standing is required for such service, repair or government inspection;
(5) vehicles standing in traffic;
(6) vehicles standing with the engine running to supply air conditioning when the outdoor temperature is greater than 80 degrees Fahrenheit or to supply heat when the outdoor temperature is less than 32 degrees Fahrenheit for the operator's or passengers' safety;
(7) the operation of an auxiliary power unit or generator set as an alternative to running the main engine of a motor vehicle operating on diesel fuel;
(8) vehicles standing with the engine running due to mechanical requirements or difficulties over which the operator of the vehicle has no control; and
(9) vehicles standing due to the automatic regeneration of diesel particulate filters or pre-shutdown cooling required by the engine manufacture.
(c) The operator or the registered owner of record of any vehicle standing in violation of this section shall be fined as set forth in Section 9-100-020 of this Code.
(d) Any police officer, traffic control aide, other designated member of the police department, parking enforcement aide or other person designated by the city traffic compliance administrator, the commissioner of health, or the commissioner of transportation shall have authority to enforce the provisions of this section.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)