Chapter 10.14 - Limitation on Diesel Engine Idling#

10.14.010 - Definition.#

As used in this chapter:

"Commercial motor vehicle" means any on-road motor vehicle with a manufacturer's gross vehicle weight rating greater than 26,000 pounds or as defined in Motor Vehicle Code Section 15210(b).

"Driver" means any person who drives, operates, or is in actual physical control of vehicle.

"Emergency" means a sudden, urgent, usually unforeseen occurrence.

"Equipment operator" means any person who is in actual physical control of a piece of off-road equipment.

"Gross vehicle weight rating" means the weight specified by the manufacturer as the loaded weight of a single vehicle.

"Idling" means the engine is running while the vehicle is stationary or the piece of off-road equipment is not performing work.

"Medium-duty vehicle" means any on-road motor vehicle with a manufacturer's gross vehicle weight rating of 6,001 up to 14,000 pounds.

"Official traffic control device" means any sign, signal, marking or device, consistent with Section 21400 of the Vehicle Code, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features.

"Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.

"Off-road diesel equipment" means all nonroad equipment with a horsepower rating of 70 or greater.

"Transport refrigeration unit" or "TRU" means a refrigeration system powered by an engine designed to control the environment of temperature sensitive cargo. A TRU is a piece of off-road equipment regardless of its horsepower rating.

"Vehicle" means any on-road, self-propelled vehicle that is required to be registered and have a license plate at the department of motor vehicles and which comes within Section 10.14.020 of this chapter.

"Vehicle/equipment owner" means the registered owner, lessee, licensee, of any heavy- or medium-duty vehicle or equipment on either a for-hire or not-for-hire basis.

(Ord. 789B §1(part), 2005)

10.14.020 - Applicability.#

There is established an ordinance to be known as the "Limitation on Diesel Engine Idling" that applies to the operation of all diesel fueled commercial vehicles over 26,000 pounds gross weight rating, and all off-road diesel-powered equipment over 70 horsepower rating, except as provided in Section 10.14.050 of this chapter. Additionally, this ordinance applies to TRU engines as specified in Section 10.14.010 of this chapter.

(Ord. 789B §1(part), 2005)

10.14.030 - Idling.#

(a) A driver of a vehicle:

(1) Must turn off the engine upon stopping at a destination; and

(2) Must not cause or allow an engine to idle at any location for more than five consecutive minutes.§

(b) An equipment operator of an off-road piece of equipment not identified in subsection (a) of this section must not cause or allow an off-road piece of equipment to idle at any location for more than five consecutive minutes.

(c) An equipment operator of a TRU must not cause or allow a TRU to operate within 1,000 feet of a residential area or school unless the cargo will be loaded or has been unloaded within 30 minutes.§

(d) An owner of a vehicle, an off-road piece of equipment, or a TRU must ensure that:

(1) The vehicle driver or equipment operator, upon employment and at least once per year thereafter, is informed of the requirements in subsections 10.14.040(A), (B) and (C) of this chapter, and of the consequences under this section and the fleet owners' terms of employment, of not complying with those requirements;

(2) Upon rental or lease of a vehicle or piece of equipment, notification is provided of the requirements in Sections 10.14.040(A), (B) and (C) of this chapter; and

(3) All complaints of noncompliance with, and enforcement actions related to, the requirements of Sections 10.14.040(A), (B) and (C) of this chapter are reviewed and remedial action is taken as necessary.

(e) A private property owner shall not allow a vehicle, an off-road piece of equipment or a TRU located on the owner's property to violate Sections 10.14.040(1), (2) and (3) of this chapter respectively. A private property owner shall notify owners and operators of vehicles, off-road pieces of equipment, and TRUs entering the owner's private property of the requirements of subsections 10.14.040(1), (2) and (3) of this chapter.

(Ord. 789B §1(part), 2005)

10.14.040 - Exemptions.#

This chapter does not apply to a vehicle or piece of equipment for the period or periods during which:

(1) Idling is necessary while stopped:

a. For an official traffic control device;

b. For an official traffic control signal;

c. For traffic conditions over which the driver has no control, including, but not limited to, stopped in a line of traffic, stopped at a railroad crossing, or stopped at a construction zone; or

d. At the direction of a peace officer.

(2) Idling is necessary to ascertain that the vehicle and/or the off-road equipment is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the daily vehicle inspection, or as otherwise needed;

(3) Idling is necessary for testing, servicing, repairing, or diagnostic purposes;

(4) Idling is necessary, for a period not to exceed three to five minutes (as per the recommendation of the manufacturer), to cool down a turbo-charged heavy-duty vehicle before turning the engine off;

(5) Idling is necessary to accomplish work which the vehicle/equipment was designed, other than transporting goods, for example: operating a lift, crane, pump, drill, hoist, mixer or other auxiliary equipment other than a heater or air conditioner;

(6) Idling is necessary to operate a lift or other piece of equipment designed to ensure safe loading and unloading of good and people;

(7) Idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver or passengers;

a. The only exception for driver comfort would be a vehicle driver that is required to have rest time by law. In this case, the driver may only idle at a designated rest area or truck stop and will not idle within 1,000 feet of a residential area or school.

b. The only specific exception for passenger comfort would be a paratransit vehicle with a passenger on board with a disability or health condition that would be critically aggravated if the vehicle were not maintained at an adequate temperature.

(8) Idling is necessary solely to recharge a battery or other energy storage unit of a hybrid electric vehicle/equipment; or

(9) Idling is necessary to operate equipment that runs intermittently.

(Ord. 789B §1(part), 2005)

10.14.050 - Relationship to other laws.#

Nothing in this chapter allows idling in excess of other applicable laws or ordinances.

(Ord. 789B §1(part), 2005)

10.14.060 - Penalties.#

(a) For each violation of subsections 10.14.040(1), (2) and (3) of this chapter, a driver of a vehicle, or an operator of off-road piece of equipment or TRU is subject to minimum civil penalty of $50.00§ and to criminal penalties to the maximum extent provided by law.

(b) For each violation of subsection 10.14.040(4) of this chapter, an owner of a vehicle, off-road piece of equipment or TRU is subject to a warning on the first offense, followed by a $100.00 minimum civil penalty for a second offense§, with a minimum civil penalty of $200.00 for all future offenses§ and to criminal penalties to the maximum extent provided by law.

(Ord. 789B §1(part), 2005)

10.14.070 - Enforcement.#

This chapter may be enforced by the local air pollution control or air quality management district, and/or any peace officer as defined by California Penal Code.

(Ord. 789B §1(part), 2005)