§ 431.44  Idle Reduction, Exemptions, Penalty
   (a)   Purpose. The purpose of this section is to protect public health and the environment by reducing emissions while conserving fuel, maintaining adequate rest and safety of all drivers, and removing barriers to economic development imposed by the region’s air quality status under the federal Clean Air Act.
   (b)   Applicability. As used in this section, “vehicle” has the same meaning as in RC 4511.01.
   (c)   General Requirement. Except as provided in division (d) 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; 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.
   (d)   Exemptions. Division (c) 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, idling is limited to 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, an official traffic control device or signal, or at the direction of a law enforcement official;
      (4)   A police, fire, ambulance, public safety, military, other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity, idles while in an emergency or training mode, or to maintain communications, and not solely for the convenience of the vehicle operator;
      (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 or straight truck refrigeration). This exemption does not apply when idling for 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)   An occupied vehicle with a sleeper berth compartment idles for purposes of air conditioning or heating during a required rest or sleep period;
      (9)   A vehicle idles due to mechanical difficulties over which the driver has no control;
      (10)   A vehicle is only operating an auxiliary power unit, generator set, or other mobile idle reduction technology as a means to heat, air condition, or provide electrical power as an alternative to idling the main engine;
      (11)   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.
   (e)   Penalty. Whoever violates this section shall be guilty of a minor misdemeanor.
(Ord. No. 207-09. Passed 6-8-09, eff. 10-1-09)