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,
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 adopted an ordinance implementing the terms of the Memorandum
of Agreement; and
WHEREAS,
Texas Administration Code, Title 30 §114.517 has been amended;
and
WHEREAS, the City Council of the City of Bastrop,
Texas finds that the previously adopted Ordinance adding Article 10.900
in Chapter 10 of the Code of Ordinance must be revised to reflect
the amendments in the Act.
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 new
exceptions to Section 10. 904 - "Affirmative Defenses and
Exceptions" in Article 10.900 - Motor Vehicle Idling, as
follows:
ARTICLE 10.900 - MOTOR VEHICLE IDLING
10.904 AFFIRMATIVE DEFENSES AND EXCEPTION
(1) The rules found in Texas Administrative Code, Title 30 §
114.517 "Exemptions," as the same may be amended from time
to time, are hereby
adopted and incorporated herein by reference for all purposes.
(2) The following constitute affirmative defenses and/or exceptions
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, 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;
(i)
the Primary Propulsion Engine of a motor vehicle is being
used as airport ground support equipment;
(j)
the Primary Propulsion Engine of a motor vehicle is being
used to provide air conditioning or heating necessary for
employee health or safety while the employee is using the
vehicle to perform an essential job function related to roadway
construction or maintenance;
(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
(l) idling of the motor vehicle is necessary to power a heater
or air conditioner while a driver is using the vehicle's sleeper
berth for a government-mandated rest period.
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(3) 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).
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 8th day of August 2006.
READ and ADOPTED on Second Reading on the 22nd day of August 2006.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
City Attorney
