025 of 2012 - Amending Chapter 12.58 pertaining to the idling of vehicles in municipalities 0 12-1
0 11-20
SALT LAKE CITY ORDINANCE
No. 25 of 2012
(Amending Chapter 12.58 Prohibiting Idling of Vehicles Within City Limits.)
AN ORDINANCE AMENDING CHAPTER 12.58, SALT'LAKE CITY CODE,
PROHIBITING IDLING OF VEHICLES WITHIN CITY LIMITS.
WHEREAS, in November 2011, the Salt Lake City Council adopted Ordinance No. 65 of
2011, enacting Chapter 12.58 of the City Code, which prohibited idling of vehicles within City
limits; and
WHEREAS, during the 2012 State legislative session, the Utah State Legislature adopted
first substitute Ilouse Bill 104, Local Highway Authority Regulatory Powers; and
WHEREAS, House Bill 104 specifically authorized adoption of an ordinance that
prohibits or restricts an owner or operator of a vehicle from causing or permitting the vehicle's
engine to idle, subject to certain conditions enumerated in that bill; and
WHEREAS, the City Council now desires to amend its prior idling ordinance to include
those conditions required by the State Legislature; and
WHEREAS, the City Council finds that this ordinance is in the best interest of the public.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending Chapter 12.58 of the City Code. Chapter 12.58 of the Salt Lake
City Code shall be and hereby is amended to read as follows:
CHAPTER 12.58
IDLING OF VEHICLES
12.58.010 Purpose:
The purpose of this Chapter is primarily educational, as well as to protect the public
health and improve the environment by reducing emissions while conserving fuel.
12.58.020 Definitions:
For purposes of this Chapter, these definitions shall apply:
A. "Driver" means any driver who drives, operates, or is in actual physical control of
a vehicle.
B. "Idle" means the operation of a vehicle engine while the vehicle is stationary or
not in the act of performing work or its normal function.
C. "Vehicle" means any self propelled vehicle that is required to be registered and
have a license plate by the Utah Department of Motor Vehicles.
12.58.025 Property Subject to this Ordinance; Enforcement:
A. This ordinance shall be enforceable on all public property and on private property
that is open to the general public, unless the private property owner:
1. has a private business that has a drive-through service as a component of
the private property owner's business operations and posts a sign provided
by or acceptable to the City informing its customers and the public of the
City's time limit for idling vehicle engines; or
2. adopts an idle reduction education policy approved by the City.
B. Law enforcement personnel shall exercise reasonable caution and utilize
customary safety procedures in their enforcement of this ordinance.
12.58.030 Idling Restriction Within City Limits:
2
No driver, while operating a vehicle within city limits, shall cause or permit a vehicle's
engine to idle for more than two minutes, except for the following kinds of idling:
A. Idling while stopped:
1. for an official traffic control device;
2. for an official traffic control signal;
3. at the direction of a police officer;
4. at the direction of an air traffic controller;
5. for airport airside operations requirements.
B. Idling as needed to operate heaters or air conditioners where the temperature is
below 32 degrees fahrenheit or above 90 degrees fahrenheit, as measured at the Salt Lake City
Airport and determined by the National Weather Service, for the health or safety of a driver or
passenger, including service animals.
C. Idling for the minimum amount of time required for the operation of defrosters or
other equipment to clear the windshield and windows to provide unobstructed views and ensure
visibility while driving.
D. Idling as needed for emergency vehicles to operate equipment.
E. Idling as needed to ascertain that a vehicle is in safe operating condition and
equipped as required by all provisions of law, and that all equipment is in good working order,
either as part of the daily vehicle inspection, or as otherwise needed.
F. Idling as needed for testing, servicing, repairing, installation, maintenance or
diagnostic purposes.
3
G. Idling for the period recommended by the manufacturer to warm up or cool down
a turbo-charged heavy-duty vehicle.
H. Idling as needed to operate auxiliary equipment for which the vehicle was
primarily designed or equipped, other than transporting goods, such as: operating a transportation
refrigeration unit (TRU), lift, crane, pump, drill, hoist, ready mixed equipment, except a heater or
air conditioner.
I. Idling as needed to operate a lift or other piece of equipment designed to ensure
safe loading and uploading of goods or people.
J. Idling to recharge a battery or other energy storage unit of a hybrid electric
vehicle.
K. Idling as need for vehicles that house K-9 or other service animals.
L. Idling by on-duty police officers as necessary for the performance of their official
duties.
12.58.040 Penalties:
A. Violation of Section 12.58.030 is a civil offense and shall be penalized as follows:
1. First 3 offenses: a warning but no fine.
2. Subsequent offenses: a civil fine in an amount equal to the penalty
identified for a parking violation under Section 12.56.190 (Parking
Meters; Overtime Parking).
B. Reduction of Penalties: The civil penalties specified in subsection A of this
section shall be subject to the following:
4
1. Any penalty that is paid within ten (10) days from the date of receipt of
notice shall be reduced by the sum of one hundred ten dollars ($110.00).
2. Any penalty that is paid within twenty (20) days from the date of receipt of
notice shall be reduced by the sum of seventy dollars ($70.00).
3. Any penalty that is paid within thirty (30) days from the date of receipt of
notice shall be reduced by the sum of forty dollars ($40.00).
4. Receipt of Notice: As used in this section, "receipt of notice" means the
affixing of a notice to the vehicle alleged to have been employed in a
violation of this chapter, or by delivery of such notice to the owner or
driver thereof.
5. Other Fees and Assessments: A forty five dollar ($45.00) administrative
fee shall be assessed for the city's cost of collecting past due debts.
C. Strict Liability of Owner: Whenever any vehicle shall have been employed in a
violation of this chapter, the person in whose name such vehicle is registered shall be strictly
liable for such violation and the penalty therefore.
D. Appeal Procedures: A violation of this chapter may be appealed as an
unauthorized use of the streets pursuant to Section 12.56.570 and is subject to Section
12.56.570G.
E. Outstanding Notices: Notices issued pursuant to this chapter shall be considered
notices of unauthorized use of streets within the city for purposes of Section 12.96.020.
SECTION 2. Effective date. This ordinance shall become effective on the date of its first
publication.
5
Passed by the City Council of Salt Lake City, Utah, this 8 th day of
May , 2012.
CHAIRPERS N
ATTEST:
4.0,cITy T"4,�
U
wKl�
y s
C
Transmitted to the Mayor on May 21, 2012 •
Mayor's Action: 2C Approved. Vetoed.
MAJOR
ATTEST: * y, v
ORA � d` nr .. AS TO Fonm
"a:t L47.`'"i City Attorney'e Office
Dcto
By •
ay
(SEAL) )f°• }} 01: rz.s<<mj*r;.
sv1yJ.._.._
•
'/
\ra
Bill No. 25 of 2012.
Published: 6-4-12 •
H B_ATTY-#22925-v2-20 12_04_05_Idl ing_Ordi nance.DOC
6