(a) A vehicle owner or a vehicle operator shall not cause or permit the vehicle to idle on public property, in public rights of way, or on private property that is open to the general public within city limits for more than 3 consecutive minutes.
(b) Subsection (a) of this section shall not apply in any of the following circumstances:
(1) A vehicle is forced to remain stationary because of an official traffic control device, direction of a law enforcement official, or any traffic conditions beyond the operator's control, including traffic congestion, railroad crossings, construction zones, security checkpoints, and vehicle queues for drive-through goods and services;
(2) Idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency for human or animal occupants, or to prevent the aggravation of a passenger's disability or health condition, but not
merely to maintain the comfort of vehicle occupants;
(3) Idling is necessary to provide heat to an occupied vehicle if the outside ambient temperature is below 40 degrees Fahrenheit, or idling is necessary to provide cooling to an occupied vehicle if the outside temperature is more than 85 degrees Fahrenheit;
(4) Idling is necessary to power heaters or air conditioners to maintain the comfort of vehicle occupants while waiting for assistance when a vehicle is immobilized due to mechanical problems;
(5) An emergency or law enforcement vehicle, including police, fire, ambulance, public safety, military, or any vehicle being used in an emergency capacity, idles in the course of or in preparation for emergency or law enforcement duties;
(6) An armored vehicle idles while in the course of business;
(7) Idling is necessary to power auxiliary work equipment that is actively in use, including, but not limited to, cargo refrigeration units, waste collectors/compactors, lifts, winches, pumps, compressors, drills, mixers, and other safety and construction equipment. Auxiliary work equipment does not include equipment primarily intended for vehicle cabin comfort or occupancy, such as air conditioning, heating, radio, television, digital displays, or kitchen appliances;
(8) Idling is necessary for any vehicle maintenance, service, repair, inspection, research and development, or diagnostics;
(9) An engine is operated in accordance with instructions from the vehicle manufacturer for proper operation;
(10) Idling is necessary for a licensed private security provider to perform security duties;
(11) A vehicle designed to carry 15 or more passengers idles to maintain comfortable cabin temperatures while paying passengers are on board for up to 10 minutes prior to a scheduled embarkation; or
(12) Applicable federal, state, or local law requires idling.
(Ord. 5448 § 2 (part), 2018)