HomeMy WebLinkAboutCC ORD 2007-2292 Adds Ch. 11.34, truck idling and parking maneuvers near a school or residence (11.34)ORDINANCE NO. 2007 — 2292
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 11.34 PERTAINING TO TRUCK IDLING AND
PARKING MANEUVERS NEAR A SCHOOL OR RESIDENCE
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. That Title 11 of the National City Municipal Code is amended by adding
Chapter 11.34 to read as follows:
Chapter 11.34
TRUCK IDLING AND PARKING MANEUVERS
NEAR A SCHOOL OR RESIDENCE
Sections:
11.34.010 Findings and purpose.
11.34.020 Definitions.
11.34.030 Applicability.
11.34.040 Idling.
11.34.050 Exemptions.
11.34.060 Practicing parking maneuvers.
11.34.070 Enforcement.
11.34.080 Penalty.
11.34.090 Severability.
11.34.010 Findings and purpose.
A. Air pollution is a public health concern in California. The San Diego Air Basin is
currently designated as non -attainment for the State and federal ozone standard, and the
State's particulate matter standards. Air pollution can cause or aggravate illnesses such as
acute respiratory infections, asthma, chronic bronchitis, emphysema, and lung cancer. In
addition to health impacts, air pollution imposes significant economic costs and negative
impacts on our quality of life (nuisance).
B. The purpose of this chapter is to reduce public exposure to diesel particulate
matter and other air contaminates by limiting the idling and practice of parking maneuvers of
diesel fueled commercial vehicles. The purpose of this chapter is also to reduce such exposure
especially to school -age children.
C. The Air Resources Board identified diesel exhaust particulate matter as a toxic
air contaminant. Particulate Matter (PM-10) can collect in lungs where it can increase the
number and severity of asthma attacks, cause aggravated bronchitis, and cause other lung
diseases. Particulate Matter can also exacerbate other illnesses. Ozone is a strong irritant
which can restrict airways, resulting in difficulty breathing and forcing respiratory and
cardiovascular systems to work harder. Chronic exposure reduces lung capacity, lower
stamina, and leaves people vulnerable to Tong -term respiratory problems. Ozone is especially
harmful to children, senior citizens and those suffering from asthma or existing heart and lung
disease.
Ordinance No. 2007 — 2292
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D. Public agencies can play an important role in improving air quality by limiting the
amount of time engines are allowed to idle within their jurisdiction. Public agencies have the
responsibility to lead the effort to improve air quality by adopting ordinances that are cost-
effective in reducing ozone precursor emissions and toxic air contaminants.
E. A study of idling exhaust emissions conducted by the U.S. Environmental
Protection Agency (EPA420-R-02-025, October 2002) indicates that a typical 1980's-2001
model year truck operating on diesel fuel emits 144 grams per hour of nitrogen oxide and 8,224
grams per hour of carbon dioxide emissions and consumes about 0.82 gallons of diesel fuel per
hour while idling.
F. A limitation on engine idling is established by the City of National City to
discourage the idling of engines in the city.
G. The practice of commercial vehicles practicing repeated parking maneuvers near
schools and residences contributes to the emission of toxic air contaminates in a manner similar
to idling. A limitation on practicing parking maneuvers near schools and residences is
established to discourage the emissions of toxic air contaminates.
11.34.020 Definitions. The following definitions shall apply unless the context clearly
indicates or requires a different meaning.
A. "Commercial Motor Vehicle" means any vehicle or combination of vehicles as
defined in Vehicle Code section 15210(b) and any other motor truck with a gross vehicle weight
rating of 10,001 pounds or more, except for either a zero -emission vehicle or a pickup truck as
defined in Vehicle Code section 471.
B. "Driver" means any person who drives, operates, or is in actual physical control
of a vehicle.
C. "Emergency" means sudden, urgent, usually unforeseen occurrence.
D. "Gross Vehicle Weight Rating" means the weight specified by the manufacturer
as the maximum loaded weight of a single vehicle.
E. "Idling" means the engine is running while the vehicle is stationary.
F. "Official Traffic Control Device" means any sign, signal, marking or device,
consistent with Vehicle Code section 21400, placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does no
include islands, curbs, traffic barriers, speed humps, speed bumps or other roadway design
features.
G. "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.
H. "Vehicle" means any on -road, self-propelled vehicle that is required to be
registered and have a license plate by the Department of Motor Vehicles.
I. "Vehicle/Equipment Owner" means the registered owner, lessee, licensee or
bailee of any heavy- or medium -duty vehicle who operates or directs the operation of any such
vehicle on either a for hire or not for hire basis.
11.34.030 Applicability. This chapter applies to all diesel fueled commercial motor
vehicles with a gross vehicle weight rating over 10,000 pounds.
11.34.040 Idling.
A. A driver of a commercial motor vehicle:
1. Shall turn off the engine upon stopping at a destination;
Ordinance No. 2007 — 2292
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2. Shall not cause or allow an engine to idle at any location for more than
five consecutive minutes; and
3. Shall not cause or allow a vehicle to idle at any location within 100 feet of
a school for:
more than five consecutive minutes; or
ii. a period or periods aggregating more than five minutes in any one
hour.
B. A private property owner shall not allow a vehicle located on the owner's property
to violate the provisions of this chapter. A private property owner shall notify owners and
operators of vehicles entering the owner's private property of the requirements of this chapter.
11.34.050 Exemptions.
A. This chapter does not apply to a vehicle 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 is in safe operating
condition, 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, provided that such
engine idling is mandatory for such verification;
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 tuming the engine off;
5. Idling is necessary to accomplish work for which the vehicle/equipment
was designed, other than transporting goods, such as 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 goods 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
vehicles with a passenger onboard with a disability or health condition that would be critically
aggravated if the vehicle were not maintained at an adequate temperature.
c. In the event 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, such idling shall not occur within 100 feet of a residence or
a school.
8. Idling is necessary solely to recharge a battery or other energy storage
unit of a hybrid electric vehicle/equipment;
Ordinance No. 2007 — 2292
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9. Idling is necessary to operate equipment that runs intermittently;
B. Nothing in this chapter allows idling in excess of other applicable laws, including
but not limited to:
1. Title 13 Code of Regulations section 2480; requirements/restriction of
idling near a school.
2. Title 13 Code of Regulations section 2485; requirement/restriction of
idling.
3. Vehicle Code section 22515; requirements for leaving a motor vehicle
unattended.
4. Any local provision of this code or requirement as stringent as, or more
stringent than, this chapter.
11.34.070 Practicing parking maneuvers.
A. A driver of a commercial motor vehicle shall not practice parallel parking, angled
parking, perpendicular parking, or any type of parking, for the purpose of driver instruction,
improvement, or education, within 100 feet of a school.
B. A driver of a commercial motor vehicle shall not practice parallel parking, angled
parking, perpendicular parking, or any type of parking, for the purpose of driver instruction,
improvement, or education, within 100 feet of a residential neighborhood.
11.34.070 Enforcement. This chapter may be enforced by the local air pollution
control or air quality management district, and/or any peace officer as defined in Penal Code
section 830 et seq. and their respective agencies authorized representative(s).
11.34.080 Penalty. Any violation of this chapter for which a penalty is not provided
shall be punished according to Chapter 11.12 of this code.
11.34.090 Severability of provisions. The city council declares that the invalidity of
any section or portion of this chapter shall not affect the validity of any other remaining section
or portion; that the council would have adopted each of those remaining portions,
notwithstanding any later declared invalidity. If any provision is determined by a court to be
invalid, it shall be severed, or if it can be judicially interpreted in a way that would harmonize it
with the remaining provisions, then it may be applied as interpreted, so as to give full purpose,
meaning and effect to the remaining provisions of this chapter.
ATTEST:
.1
Mich: el R. Dalla
City Clerk
PASSED and ADOPTED this 17th day of - .n , 2007.
n Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on April 17,
2007, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
��i!Z/%lam' fld&
City Cler of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on April 3, 2007, and on April 17, 2007.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2007-2292 of the City Council of the City of National City, passed
and adopted by the Council of said City on April 17, 2007.
City Clerk of the City of National City, California
By:
Deputy