(a) In this section:
(1) COMMERCIAL MOTOR VEHICLE means any motor vehicle with a gross vehicle weight rating (GVWR) over 14,000 pounds.
(2) IDLE means the operation of a motor vehicle engine in operating mode where the engine is not engaged in gear.
(b) A person commits an offense if he idles a commercial motor vehicle for more than five consecutive minutes at a location on or within 300 feet of any residential use, as defined in the Dallas Development Code.
(c) A person commits an offense if, on any premises that he owns or controls, he permits the idling of a commercial motor vehicle for more than five consecutive minutes at a location on or within 300 feet of any residential use, as defined by the Dallas Development Code.
(d) It is a defense to prosecution under Subsections (b) and (c) of this section that the commercial motor vehicle:
(1) was idling in obedience to an official traffic control device;
(2) was idling while stopped in traffic;
(3) was idling in obedience to a peace officer;
(4) was idling while being repaired in an enclosed structure;
(5) was idling in order to defrost a windshield;
(6) was a school bus;
(7) was intended for commercial passenger transportation and was not idling on a public street, highway, or alley;
(8) was a concrete mixer truck that was only idling while actually pouring concrete or staging to pour concrete;
(9) was a utility truck that was only idling while providing power as needed to perform utility work; or
(10) met a defense set forth in Section 5A-15 of this code.
(e) Penalties.
(1) An offense under this section is punishable by a fine not to exceed $500. Each instance of a violation of this section is a separate offense.
(2) The culpable mental state required for the commission of an offense under this section is governed by Section 1-5.1 of this code.
(3) Prosecution for an offense under this section does not preclude the use of other enforcement remedies or procedures that may be available to the city.
(f) Nothing in this section may be construed to authorize idling of a commercial vehicle in violation of Section 5A-15 of this code. (Ord. Nos. 26022; 26766; 27264)