A. Purpose: The purpose of this section is to protect public health and well being and the environment by reducing emissions and conserving fuel.
B. Idling Prohibition: No person using a motor vehicle that operates on diesel fuel shall cause or allow that motor vehicle to idle for more than a total of ten (10) minutes within any sixty (60) minute period, except under the following circumstances:
1. The motor vehicle has a gross vehicle weight rating of less than eight thousand (8,000) pounds;
2. The motor 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;
3. The motor vehicle idles when operating defrosters, heaters, air conditioners, or other equipment solely to prevent a safety or health emergency;
4. A police, fire, ambulance, public safety, other emergency or law enforcement motor vehicle, or any motor vehicle used in an emergency capacity, idles while in an emergency or training mode and not for the convenience of the vehicle operator;
5. The primary propulsion engine idles for maintenance, servicing, repairing, or diagnostic purposes if idling is necessary for such activity;
6. The motor vehicle idles as part of a government inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection;
7. When idling of the motor vehicle is required to operate auxiliary equipment to accomplish the intended use of the vehicle such as loading, unloading, mixing, or processing cargo; controlling cargo temperature; construction operations; lumbering operations; oil or gas well servicing; or farming operations; provided, however, that this exemption does not apply when the vehicle is idling solely for cabin comfort or to operate nonessential equipment such as air conditioning, heating, microwave ovens, or televisions;
8. An armored motor vehicle idles when a person remains inside the vehicle to guard the contents or while the vehicle is being loaded or unloaded;
9. A bus idles a maximum of fifteen (15) minutes in any sixty (60) minute period to maintain passenger comfort while nondriver passengers are on board;
10. If the motor vehicle has a sleeping berth, when the operator is occupying the vehicle during a rest or sleep period and idling of the vehicle is required to operate air conditioning or heating;
11. When the motor vehicle idles due to mechanical difficulties over which the operator has no control;
12. The motor vehicle is a bus owned by a public transit authority and that bus is being operated on a designated bus route or on a street or highway between designated bus routes for the provision of public transportation;
13. The motor vehicle is an implement of husbandry exempt from registration under State law;
14. The motor vehicle is owned by an electric utility and is operated for electricity generation or hydraulic pressure to power equipment necessary in the restoration, repair, modification or installation of electric utility service; or
15. The outdoor temperature is less than thirty two degrees Fahrenheit (32°F) or greater than eighty degrees Fahrenheit (80°F). When the outdoor temperature is thirty two degrees Fahrenheit (32°F) or higher and eighty degrees Fahrenheit (80°F) or lower, a person who operates a motor vehicle operating on diesel fuel in an affected area may not cause or allow the motor vehicle to idle for a period greater than thirty (30) minutes in any sixty (60) minute period while waiting to weigh, load, or unload cargo or freight, unless the vehicle is in a line of vehicles that regularly and periodically moves forward.
C. Exceptions: The following matters are excepted from the regulations of this section:
1. The operation of an auxiliary power unit or generator set as an alternative to idling the main engine of a motor vehicle operating on diesel fuel; and
2. An owner of a motor vehicle rented or leased to another entity or person operating the vehicle is not responsible for a violation of this section by such other entity or person. (Ord. 2006-12-469, 12-4-2006)
D. Violations; Penalties: Any person convicted of any violation of this section is guilty of a petty offense and shall be fined pursuant to title 13, chapter 1, "Fee Schedule", of this Code. (Ord. 2006-12-469, 12-4-2006; amd. Ord. 2018-12-279, 12-3-2018)