G-08-10-09-7B1 - 10/9/2008ORDINANCE NO. Cj -Oar io'09 -?e I
AN ORDINANCE AMENDING CHAPTER 9, SECTION 9.2304,
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, AMENDING THE AFFIRMATIVE DEFENSES TO
MOTOR VEHICLE IDLING; AND ADDING ADDITIONAL
EXCEPTIONS TO THE RULE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
Chapter 9, Section 9.2304, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read
as follows:
9.2304 AFFIRMATIVE DEFENSES
(1) The following constitute affirmative defenses to prosecution under this ordinance:
(a) the motor vehicle has a gross vehicle weight rating of 14,000 pounds or less;
(b) the motor vehicle is/was forced to remain motionless because of traffic
conditions over which the operator has no control;
(c) the 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 the motor vehicle provides a power source
necessary for mechanical operation, not including (i) propulsion and (ii)
passenger compartment heating or air conditioning.
(e) the primary propulsion engine of the motor vehicle is being operated for
maintenance or diagnostic purposes;
(f) the primary propulsion engine of a motor vehicle is being operated solely to
defrost a windshield;
(g) the primary propulsion engine of a motor vehicle is being used to supply heat
or air conditioning necessary for passenger comfort/safety in those motor
vehicles intended for commercial or public passenger transportation, or
passenger transit operations, in which case idling up to a maximum of thirty
(30) 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 thirty (30) minutes is
allowed;
(i) the primary propulsion engine of a motor vehicle being used to provide air
conditioning or heating necessary for employee health or safety while the
0:\WDOX\ORDINANC\081009B1.DOC/m1
employee is using the vehicle to perform an essential job function related to
roadway construction or maintenance;
(j) the primary propulsion engine of a motor vehicle is being used as airport
ground support equipment;
(k) the owner of a motor vehicle rented or leased to a person that operates the
vehicle and is not employed by the owner; or
(1) the motor vehicle is idling in order to power a heater or air condition 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. This
subsection expires September 1, 2009.
(2) Burden of Proof
For any violation of Section 9.2300, the person seeking to establish an affirmative
defense shall have the burden of proving by a preponderance of the evidence that an
event that would otherwise be a violation of this idling ordinance was caused by one of
the affirmative defenses allowed in Section 9.2304(1).
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
2
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
3
DATE: October 1, 2008
SUBJECT: City Council Meeting — October 9, 2008
ITEM: 7B1. Consider an ordinance amending Chapter 9, Section 9.2304 amending the
affirmative defenses for violations of the Motor Vehicle Idling
regulations. (First Reading)
Department:
Staff Person:
Justification:
Transportation Services
Thomas G. Martin, Director of Transportation Services
This amendment will update the City ordinance relative to heavy duty vehicle idling so that it
mirrors 30 Texas Administrative Code Chapter 114, Control of Air Pollution from Motor
Vehicles, in compliance with a Memorandum of Agreement executed between the City and the
Texas Commission on Environmental Quality (TCEQ).
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Background Information:
On November 22, 2005 the City Council enacted an ordinance prohibiting idling of heavy duty
vehicles; this ordinance mirrored 30 Texas Administrative Code Chapter 114, Subchapter J,
Operation Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling
Limitations, Sections 114.510 - 114.512 and 114.517. On June 12, 2008, the City Council
executed a Memorandum of Agreement (MOA) with the TCEQ related to the local enforcement
of heavy duty vehicle idling. This MOA required that any city ordinances related to heavy duty
vehicle idling must mirror the state rule. Since initially enacting the city ordinance, the state
rules have been amended to allow three additional affirmative defenses to prosecution.
Approval of this ordinance amendment would align the City's ordinance with the state statute.
Public Comment: N/A