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Chapter 39: Engine Idling
(Title amended City Record 7/15/2021, eff. 8/14/2021) [
§ 39-01 Definitions.
Legally authorized emergency motor vehicle. For purposes of § 24-163 of the Administrative Code, the term "legally authorized emergency motor vehicle" shall mean: [
   (1)   a motor vehicle that is an authorized emergency vehicle as defined by § 101 of the Vehicle and Traffic Law; or [
   (2)   any bus being operated as a cooling center by, or pursuant to a contract with, the city of New York. [
Marginal Street. "Marginal street" shall have the meaning set forth in 34 RCNY § 4-01.
Processing Device. For purposes of § 24-163 of the Administrative Code, the term "processing device" shall mean: [
   (1)   a device that accomplishes the function for which the vehicle or equipment was designed, other than transporting goods or people, via a mechanical connection to the engine, including but not limited to operating a lift, crane, pump, drill, hoist, or mixer; or [
   (2)   a system that controls the environment of temperature-sensitive cargo or substances, including but not limited to food, provided that such cargo or substances are being transported in a vehicle designed for the transportation of such cargo or substances. [
The term "processing device" shall not include a heater or air conditioner operated for cabin comfort. [
Street. "Street" shall have the meaning set forth in subdivision 13 of § 1-112 of the Administrative Code of the City of New York, except that for the purposes of this rule "street" shall include "marginal streets".
(Amended City Record 7/15/2021, eff. 8/14/2021; amended City Record 5/23/2022, eff. 6/22/2022; amended City Record 1/18/2023, eff. 2/17/2023) [
§ 39-02 Adjacent to Any Public or Non-Public School or Any Park Under the Jurisdiction of the New York City Department of Parks and Recreation.
   (a)   Adjacent. A motor vehicle is adjacent to any public or non-public school or any park under the jurisdiction of the New York city department of parks and recreation when such vehicle is parked, stopped, or standing within a lane of traffic on a block face on which a school or park is located, unless the vehicle is separated from the school or park by a median. [
      (1)   A lane of traffic includes traffic lanes, bus lanes, all forms of bike lanes, turning bays, parking areas, and shoulders. [
      (2)   A block face consists of both sides of a city street between two intersections. [
      (3)   Where one street meets another without crossing it, dividing one side of the street into two blocks but not dividing the opposite side (forming a T shape), the side that is not divided by the intersecting street is deemed to be divided into two corresponding block faces as if the intersecting street extended to the other side. However, where a school or park is located on the side of the street that is not divided by the intersecting street, the side that is not divided by the intersecting street is divided into two corresponding block faces as if the curb furthest from the school or park extends to the other side of the street. The below example illustrates this definition. [
      (4)   A median is a raised area that separates lanes of traffic. [
   (b)   Example. [
In the diagram above, the numbered vehicles are: [
   1 - ADJACENT to SP1 because it is parked on the same side of the line running from the opposite curb furthest from SP1. [
   2 - ADJACENT to SP2 and SP3 as it is parked on the same block face. [
   3 - ADJACENT to SP1 as it is parked on the same block face. [
   4 - NOT ADJACENT as it is parked on a block face with no school/park. [
   5 - NOT ADJACENT as it is parked on a block face that is separated from SP3 by a raised median. [
   6 - ADJACENT to SP2 and SP3 as it is parked on the same block face. [
Curbs where parked vehicles would be adjacent are in BOLD. [
(Amended City Record 8/27/2024, eff. 9/26/2024) [