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Home My WebLink AboutORD 2006-35 - Vehicle IdlingORDINANCia AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING TITLE 10 OF THE CODE OF ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS RELATING TOVEHICLES ADDING ANEWSUBSECTION M.M.080 TITLED "VEHICLE IDLING;' REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the local governments within me AustiNBound Rock Metropolitan Smuical .Area (MSA) recognize that air quality monitor readings in the MSA indicate consistent monitored violations of the Show ozone National Ambient Air Quality Standards (NAAQS) for the past several yzara, and WHEREAS, the VISA currently mothers attainment of all Clean Air Act pollutants but U likely to be subject to a non-attaimnenl designation Rr ozorre by Lc US Environmental Protection Agency (EPA) prior to 2007; and WHEREAS EPA Region S, the Texas Commission on Environmental Quality (TCEQ) and 12 local govarnam ms Rom the MSA antored into an Early Action Compact that should result in attainment of the 8-hour ozone NAAQS sooner tan required underthe standard non-a0aimarmt process, thereby benefiting public loalk WHEREAS; the LAC is a memorandum of agreement between the local governments, EPA and TCEQ to develop and implement a detailed Clem Air Action Plan (CARP) to amain the 8fiour ozone NAAQS by 2001 through measures implemented in afair and equitable manner throughout me five-comityTeguml and WHEREAS, the LAC and CAAP would achieve significant region air quality and public health benefits by mplementing ozone pollution control measures and straining me &hour ozone NAAQS before othermise required by the Federal Clean Air Act WHEREAS, the City Council of the City of Georgetown, Texas resolved oa Febmary 24, 2004 In Resolution Number 022404-Xmet the City ofGcorgctoml supports the EAC and the Clean Air Action Plan for the Austindl oundRook MSA and me implementation of the ozone pollution control measures in that plan and should result in local attainment of the 8-hour ozone NAAQS by 2007, NOW, THEREFORE, BE IT ORDAMED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXASthat SECTION I. The fuck and recitation contained in the preamble of this ordinance are hereby found and declared to be tone and correct; and are incorporated by reference herein and expressly made a pad hereof, as if copiedverbatim, The City Council hereby fit&lhaithisordinanceimplementsmefollowingCenturyPlant— Policy Plan Elements, Policy Statemem7,0 "Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social developmen'' Policy Statement 9,0: "Citizens and commercial goods move safely and officiemlythroughout all parts of the City"and Further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan OrdivaoceNo. Vchlu Idling Page I of 4 SECTION 2, The City Council of the City of Georgetown hereby amends Title 10 VEdICLES AND TRAFFIC to add a new Subsection If04.080"Vehicle Idlingas follows; Section 10,04,080 Vehicle Idling 10HMOA) Definitions of polls Bhen used in this Section, the following words. terms and phrases shall have the meanings ascribed to them in this Section., exceptwhere the cont¢at clearly indicates a diUerentmesning: (1) Commercial Passenger Transportation —mode of transportation provided by a bus or motomoach designed to accommodate more than ten (I0) passengers, including the operator, for compensation, and that is powered by primary propulsion engine and does not nuludc railroad, not rail, oftaaicams, (2). Idle — The operation of an engine in the operating mode where the engine is not enrage in gear, where the engine operates at a speed at the revolutions per minute specified by the eogine or vehicle manufacturer for when the accelerator is fully released, and there is no load on the engine, (1) Mechanical Operations — Use of electrical tools or equipment in construction, maintenance, or ropairoflacilities (4) Passenger Transit Operations— Regional mode of public transportation that is funded through aporion of sales ms for such region being served. (S) primary Propulsion Engine —A gasoline or dicsel-uded normal combustion engine attached to a motor vehicle that proides the power to propel the motor vehicle him motion and maintain motion B) A Ipn icabi irs This article applies donna the period of April I through October31 of each year, C) Idl'ingPrahibited No person shall cause. suffer, allow, or permit the primarypmpulsionengincofe motor vehlclem idle for more man five (i) consecutive minutes when the motor vehicle is not in motion D) AffrmativeDefense (1) The follmvingwitatimmdefenses toprosecution under this ordnance; a) the motor vehicle has a gross vehicle weight rating of 14,000 pounds or to; b) The motor vehicle islwas forced to remain motionless because of traffic conditions over which the operator has no conhel� c) The motor vehicle being used by the United States military, national guard, or reserve forces, or as an emergeney or his enforcement motor vehicle; d) The primary propulsion engine of the motor vehicle provides a power source necessary for mechanical operation, not including (i) propulsion and f i) passenger Ordmweevo. O& 5 VtNcI¢ Idling Pegs 2 of 4 compartment heating or ahcondifanmg. e) The primary propulsion engine of the motor vehicle is being operand for maintenance ordikinosticpurposes; no primp propulsion engine of a motor vehicle is being operated solely to defrost awiadshl¢Id; g) The primary propulsion engine of a motor vehicle is Mai used to supply heat or au conditioning necessary for passenger comfor!safzty'm those motor veneers intended for commercial passenger transportation or school buses in which case idling up to a maximum of Thirty (iC) minutes Is allowed; h) The primary propulsion engine of a motor vehicle is used for passenger transit operations in which case idling up to a maximum of thhty (30) minutes is allowed; i) The primary propulsion engine of a motor vehicle is being used as airport ground support equipment, (3) BurdenofPmof For any violation of Section 10,04.080, the person seeking to establish an affirmative def¢nsc shall have the burden of proving by a preponderance of the evidcncc that on event that would otherwise be a violation of Section 10,04.080 was caused by one of the atTnmar defenses allowed in Section 10.04,080,D(I), Penalty (1) An offense under Ibis Section is a Class misdemeanor, punishable by a finenot to exceed Five Hundred Dollars (S500.00) ('.) Prosecution of an offense under this Section does not preclude other enforcement remedies that may be available to due City. (3) Proof of a culpable recruit state is not required for a conviction of an offense under thisSccdon 14) Each instance of a violation of this Section is aseparaleotYense, SECTION 3This ordinance shell be and is hereby declared to be cumulative of all order ordinances of the City of Georgetown and this ordinance shall not operate to repeal oraffect any such other ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions thereof might he mmi istent or in conflict with the provisions of this ordinance, in which evcut such confining provisions If any in such other ordinance or ordinances are hereby superseded SECTION 4, If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof of this ordinance which can be given effect without the invalid provision or application, and to this end the providers of this ordinance are hereby declared to be sacral le SECTION S, The Mayor is hereby authorized to sign this ordinance and the City Seeretary to sues[ This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown Ordinance No. A0*35 Vehicle long Pese3 of 4 PASSED AND APPROVED on First Raading on WiN of Af wl-1 20m PASSEDANDAPPROVED orr Second Readin;ontheq� day of i k,.20Vb, THE CITY OF GEORGETOWN' Men avor Approved as to form: {, C,6 G^� P ioiaE.Ca10 City kttomey Drd= 0G. Nob•35 Page-0afd Attest, 5'ti:�lr��R�rrt Cit�u S� (sary