A. It shall be a violation for diesel-fueled commercial motor vehicles that operate in the State of California with gross vehicular weight rating of greater than ten thousand (10,000) pounds that are or must be licensed for operation on highways parked or standing on any public or private roadway within the City of Fullerton to fail to comply with the following:
1. Prohibition of Idling Diesel Heavy Vehicles. No vehicle subject to Title 13, California Code of Regulations, section 2485(b), shall stop, stand or park in violation of Title 13, California Code of Regulations, section 2485(c) by idling the vehicle's primary diesel engine for more than five (5) minutes unless exempted in Title 13, California Code of Regulations, section 2485.
2. Prohibition of Unapproved Internal Combustion Auxiliary system (APS) on Diesel Heavy Vehicles. The use of Internal Combustion Auxiliary System (APS) must be in compliance with the regulations contained in Title 13, California Code of Regulations, section 2485(c)(3); any other usage of an Internal Combustion Auxiliary System (APS) is prohibited.
B. Authorized Enforcement. This section may be enforced by the Air Resources Board; peace officers as defined in California Penal Code, title 3, chapter 4.5, Sections 830 et seq. and their respective law enforcement agencies' authorized representatives (including parking control personnel); and air pollution control or air quality management districts.
C. Compliance. It shall be unlawful to fail, upon order of a peace officer, to abate the violation.
D. Penalties.
1. The penalty for violating Section 8.30.060 (A) shall be $300 for the first offense, $500 for the second offense and $750 for each subsequent violation by the owner, operator or both.
2. The penalty for violating Section 8.30.060 (A) shall be $300 for the first and subsequent violation by the owner, operator or both.
3. The penalty for violating Section 8.30.060 (C) shall be $500.
4. The penalties of subsection (D) herein shall be an infraction and/or may be enforced with an administrative citation, Chapter 1.10. (Ord. 3180, § 1, 2013; Ord. 3145, § 1 (part), 2010)