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HomeMy WebLinkAboutOrdinance No. 08/54 Truck Idling ProhibitedORDINANCE NO. 0 8/ 54 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 10 BY ADDING SECTION 10.2005 "TRUCK IDLING PROHIBITED" TO PROHIBIT THE IDLING OF MOTOR VEHICLES WITH A GROSS VEHICLE RATING IN EXCESS OF 14,000 POUNDS WHEN NOT IN MOTION; PROVIDING DEFINITIONS; PROVIDING FOR DEFENSES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of University Park (hereinafter, "City") has entered into a Memorandum of Agreement (MOA) with the Texas Commission on Environmental Quality (TCEQ), which among other things, provides for the limitation of idling of certain vehicles for more than five (5) consecutive minutes, for delegation of the enforcement of TCEQ Rules concerning motor vehicle idling limitations, for various defenses to such limitation, and penalties for violations of the rules; and, WHEREAS, the City Council has determined that it would be in the best interest of the City to implement the Rules on Locally Enforced Motor Vehicle Idling Limitations contained in Texas Administrative Code Title 30, Part 1, Chapter 114, Subchapter J, Division 2 in their entirety as proposed by State law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Chapter 10, Article 10.2000, University Park Code of Ordinances, is hereby amended by adding a new Section 10.2005, which shall read as follows: "ARTICLE 10.2005 TRUCK IDLING PROHIBITED (a) Definitions. Unless specifically defined herein, the terms used in this article have the meanings commonly ascribed to them in the field of air pollution control, unless the context provides otherwise. C~ shall mean the City of University Park, Texas. Idle shall mean the operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released, and there is no load on the engine. Motor vehicle shall mean any self-propelled device powered by an internal combustion engine and designed to operate with four or more wheels in contact with the ground, in PAGE 1 ar by which a person or property is or may be transported, and is required to be registered under Texas Transportation Code, § 502.002, excluding vehicles registered under § 502.006(c). Primary propulsion engine shall mean a gasoline or diesel-fueled internal combustion engine attached to a motor vehicle that provides the power to propel the motor vehicle into motion and maintain motion. (b) Control Requirements far Motor Vehicle Idlin~ No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five (5) consecutive minutes when the motor vehicle is not in motion, during the period of April 1 through October 31 of each calendar year. (c) Exemptions The provisions of this section do not apply to: (a) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less and does not have a sleeper berth; (b) a motor vehicle forced to remain motionless because of traffic conditions over which the operator has no control; (c) a motor vehicle being used by the United States military, national guard, or reserve forces, or as an emergency or law enforcement motor vehicle; (d) the primary propulsion engine of a motor vehicle providing a power source necessary far mechanical operation other than propulsion, passenger compartment heating or air conditioning; (e) the primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purposes; ( fl the primary propulsion engine of a motor vehicle being operated solely to defrost a windshield; (g) the primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort/safety in those vehicles intended for commercial or public passenger transportation, or passenger transit operations, in which case idling up to a m~imum of thirty (30) minutes is allowed; (h) the primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for employee health or safety while the employee is using the vehicle to perform an essential job function related to roadway construction or maintenance; (i) the primary propulsion engine of a motor vehicle being used as airport ground support equipment; (j) the owner of a motor vehicle rented or leased to a person who operates the vehicle and is not employed by the owner; or (k) a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government-mandated rest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available.. (d) Penalties PAGE 2 Any person violating any of the provisions of this section shall be deemed guilty of a Class C misdemeanor and upon conviction shall be fined in an amount not to exceed the sum of five hundred dollars ($500.00) far each offense." SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any word, phrase, paragraph, or section of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and sha11 not affect the validity of the Code of Ordinances as a whole. SECTION 4. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, this 7th day of October 2008. APPRnVFD: By ATTEST: By: BRANDY VOGE, ITY S RETARY P ROVED AS TO F . ,` , ~ ~ , ~ ~ } ~-'~-. ' ~ ~ C,~~~ f CITY ATTORNEY PAGE 3