AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS
AMENDING CHAPTER 10, TRAFFIC CONTROL, OF THE CITY OF BASTROP CODE
OF ORDINANCES, CITY OF BASTROP, TEXAS ADDING ARTICLE 10.900,PROHIBITING
CERTAIN MOTOR VEHICLE IDLING; PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the U.S. Environmental Protection Agency
("EPA") and. the Texas Commission on Environmental Quality
("TCEQ") jointly have considered emission reductions to
control air pollution from motor vehicles, and the Texas Legislature
has created the Texas Clean Air Act("Act"), which addresses
such purpose; and
WHEREAS,
the Act, Section 382.113, provides authority for municipalities to
enact and enforce local laws and ordinances for the control and abatement
of air pollution; and
WHEREAS, by means of the regulations set forth in
the Texas Administration Code, Title 30, §§114.50 through
144.512 and 114.517, the TCEQ has set forth regulations intended to
assist in the prevention of air pollution caused by unnecessary idling
of certain motor vehicles; and
WHEREAS, a Texas State Implementation Plan ("Plan")
has been created, which Plan involves commitment from certain governmental
entities, including the City of Bastrop, to implement the State rules
for Local enforcement of motor vehicle idling limitations as part
of the area's Early Action Compact/Clean Air Action Plan; and
WHEREAS, the City of Bastrop has entered into a Memorandum
of Agreement with the TCEQ and other local governmental entities in
the area to implement the rules aimed at the control of air pollution
from such motor vehicles; and
WHEREAS, the City Council of the City of Bastrop,
Texas finds that the adoption of this Ordinance serves a public purpose,
and protects the health, safety and welfare of
the citizens of the City of Bastrop, by limiting the pollution created
by large motor vehicles unnecessarily idling within the City's corporate
limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BASTROP THAT:
SECTION 1. Chapter 10, Traffic Control, of the Code
of Ordinances, City of Bastrop, Texas, is hereby amended to add a
new Article 10.900 - Motor Vehicle Idling, as follows:
ARTICLE 10.900 - MOTOR VEHICLE IDLING
10.901 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:
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(1) Commercial
Passenger Transportation - Modes 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, but
specifically excluding the modes of 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
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10.902 APPLICABILITY
This article applies
during the period of April 1 through October 31 of each year.
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10.903 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.
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10.904 AFFIRMATIVE
DEFENSES AND EXCEPTIONS
(1) The following
constitute affirmative defenses and/or exceptions to prosecution
under this ordinance:
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(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, 01 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.
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(2)
Burden of Proof
For any violation
of Article 10.900, the person seeking to establish an affirmative
defense and/or exception 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 by, or subject
to one of the exceptions, detailed in Section 10.904(1).
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10.905 PENALTY
(1)An offense under
this Article is a Class C misdemeanor and is subject to the
penalty provided in Section 1.106 of the Bastrop Code of Ordinances.
(2) Prosecution
of an offense under this Article 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 Article.
(4) Each instance of a violation of this Article is a separate
offense.
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SECTION 2.
The City Manager and City Secretary are hereby authorized and directed
to make the necessary changes to all records of the City of Bastrop
to reflect this amendment.
SECTION 3.
All ordinances and resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed, and are no longer
of any force and effect. 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 provisions of this ordinance are
hereby declared to be severable.
SECTION 4.
This Ordinance shall become effective in accordance with the City
Charter and the laws of the State of Texas.
READ and ACKNOWLEDGED on
First Reading on the 11th day of April 2006.
READ and ADOPTED on Second Reading on the 25th day of April 2006.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
City Attorney
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