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G-05-11-22-8A1 - 11/22/2005ORDINANCE NO. U-05' AN ORDINANCE AMENDING CHAPTER 9, TRAFFIC REGULATIONS, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS ADDING SECTION 9.2300, PROHIBITING MOTOR VEHICLE IDLING; PROVIDING A PENALTY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 9, Traffic Regulations, of the Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add a riew Section 9.2300, Motor Vehicle Idling, as follows: SECTION 9.2300 MOTOR VEHICLE IDLING 9.2301 DEFINITIONS When used in this Section, the following words, terms and phrases shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: (1) Commercial Passenger Transportation - mode of transportation provided by a bus or motorcoach designed to accommodate more than ten (10) passengers, including the operator, for compensation, and that is powered by a primary propulsion engine and does not include railroad, light rail or taxicabs. (2) Idle - The operation of an engine in the operating mode where the engine is not engage 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. (3) Mechanical Operations - Use of electrical tools or equipment in construction, maintenance, or repair of facilities. (4) Passenger Transit Operations - regional mode of public transportation that is funded through a portion of sales tax for such region being served. (5) Primary Propulsion Engine - 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. =PFDeskt. oP\::ODMA/WORLDOX/O:/WDOX/OkDINANC/OS111OC! .WPD/bbw 9.2302 APPLICABILITY This article applies during the period of April 1 through October 31 of each year. 9.2303 IDLING PROHIBITED 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. 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 passenger transportation or school buses 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; or (i) the primary propulsion engine of a motor vehicle is being used as airport ground support equipment. 2 (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). 9.2305 PENALTY (1) An offense under this Section is a Class C misdemeanor, punishable by a fine not to exceed Five Hundred Dollars ($500.00). (2) Prosecution of an offense under this Section does not preclude other enforcement remedies that may be available to the City. (3) Proof of a culpable mental state is not required for a conviction of an offense under this Section. (4) Each instance of a violation of this Section is a separate offense. 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. tl READ and APPROVED on first reading this the day of TLCLUJYKLAbIA ) , 2005. 3 READ, APPROVED and ADOPTED on second reading this the I day of , "` 2005 S. MA W'ft , Mayor ity of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secre 91ry DATE: November 17, 2005 SUBJECT: City Council Meeting - November 22, 2005 ITEM: *8.A.1. Consider an ordinance amending Chapter 9 of the Round Rock Code of Ordinances (1995 Edition), adding Section 9.2300 prohibiting motor vehicle idling. (Second Reading) Department: Engineering and Development Services Staff Person: Michael Thane, Engineering Manager Justification: The Austin/Round Rock Metropolitan Statistical Area (MSA), as part of the Austin -San Marcos Early Action Compact, has prepared a Clean Air Action Plan (CAAP) with selected emission reduction measures designed to provide clean air sooner, maintain local flexibility, and defer the effective date of non -attainment designation for the 8 -hour ozone standard. One of the emission reduction measures that is anticipated to reduce emissions is the Heavy -Duty Vehicle Idling Program. This measure restricts engine idling of vehicles with a gross vehicle weight rating of more than 14,000 pounds to five consecutive minutes. The Heavy -Duty Vehicle Idling Program has been included in the CAAP and is designed for use in the MSA's five urbanized counties (Bastrop, Caldwell, Hays, Travis and Williamson). On July 14, 2005, the City of Round Rock approved a resolution to execute a MOA with the TCEQ in support of the Implementation Plan for the Heavy -Duty Vehicle Idling Rule. In implementing the MOA, the City is required to establish an ordinance that indicates how this rule will be punishable by law within its jurisdiction. Under the proposed ordinance, an offense for violating the five-minute idling restriction will be punishable as a Class C misdemeanor. Funding: Cost: Uncertain as to amount. Source of funds: N/A Outside Resources: Background Information: Central Texas Clean Air Force On December 18, 2003, the City of Round Rock executed a resolution in support of the recommended emission reduction measures (which included Heavy -Duty Vehicle Idling) for inclusion in the Austin/Round Rock MSA Clean Air Action Plan. Public Comment: Numerous presentations have been made on air quality and the effects of elevated ozone levels.