§ 312-33. Idling.

A. 

Definitions. As used in this section, the following terms shall have the meanings indicated:

ELECTRIC VEHICLE

A vehicle powered by electricity, usually provided by batteries.

HYBRID-ELECTRIC VEHICLE

A motor vehicle which operates by combining an internal combustion engine powered by gasoline or diesel fuel with a battery-powered electric motor.

MOTOR VEHICLE

Any vehicle that is self-propelled by an engine, including but not limited to automobiles, vans, motorcycles and construction vehicles.

B. 

Restrictions.

(1) 

No person shall operate, allow, or permit the engine of any motor vehicle to idle for more than three consecutive minutes when the motor vehicle is not in motion, subject to the following exceptions:

(a) 

The heavy-duty vehicles exceptions set forth in Section 217-3.3 of Title 6 of the State of New York Codes, Rules, and Regulation;

(b) 

A motor vehicle that is forced to remain motionless because of traffic conditions over which the operator thereof has no control;

(c) 

A hybrid-electric vehicle idling for the purpose of providing energy for the battery or other form of energy storage recharging;

(d) 

The motor vehicle is an electric vehicle; and

(e) 

The motor vehicle is not powered by a diesel engine and the ambient air temperature is 32° F. (0° C.) or less.

C. 

Application. This section shall apply to any person who owns, operates, leases, supervises or who otherwise has charge, supervision or control of such vehicle and to any person who owns, leases or occupies land and has actual or apparent domain or control over such vehicle or engine which is present on such land.

D. 

Penalties. Penalties for violations of this section shall be as set forth in § 312-68.

E. 

Severability. If any section, subsection, sentence, clause, phrase or other portion of this section is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this section, which remaining portions shall continue in full force and effect.

Added 9-21-2004 by L.L. No. 8-2004; amended 11-9-2011 by Ord. No. 187-2011