[HISTORY: Adopted by the Borough Council
of the Borough of Hillsdale 12-8-1998 by Ord. No. 98-20.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 329.
[1]
Editor's Note: This ordinance provided that it shall take
effect on 12-17-1998.
It is the policy of Hillsdale to prevent the
air pollution caused by the idling of diesel powered motor vehicles
that may jeopardize the health, welfare or safety of the citizens
or degrade the quality of life.
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicated otherwise:
Any diesel-powered autobus or motorbus of any size or configuration,
whether registered in this state or elsewhere, that is designed or
used for intrastate or interstate transportation of passengers for
hire or otherwise on a public road, street or highway or any public
or quasi-public property in this state, including but not limited
to autobuses under the jurisdiction of the New Jersey Department of
Transportation pursuant to Title 27 or 48 of the Revised Statutes;
autobuses of the New Jersey Transit Corporation and its contract carriers
that are under the inspection jurisdiction of the New Jersey Department
of Transportation; autobuses under the authority of the Interstate
Commerce Commission or its successor agency; school buses, as defined
pursuant to N.J.S.A. 39:1-1; and hotel, casino, charter and special
buses.
A compression ignition type of internal combustion engine.
Utilizing a diesel engine.
Any part of system on a motor vehicle or a motor vehicle
engine pertaining to the vehicle's engine's certified configuration.
The value specified by the vehicle manufacturer as the maximum
loaded weight of a single or combination vehicle.
A diesel-powered motor vehicle, other than a diesel bus,
that has a GVWR exceeding 8,500 pounds and is designed primarily for
transporting persons or property.
An operating mode where the vehicle engine is not engaged
in gear and where the engine operates at a speed at the revolutions
per minute specified by the engine or vehicle manufacturer.
All vehicles propelled otherwise than by muscular power,
except motorized bicycles and such vehicles as run only upon rails
or tracks.
Any individual or entity and shall include, without limitation,
corporations, companies, associations, societies, firms, partnerships
and joint stock companies, and shall also include, without limitation,
all political subdivisions of any states and any agencies or instrumentalities
thereof.
Any roadway that, although under private ownership or control,
is accessible to the public. This term shall include but not be limited
to the New Jersey Turnpike, the Garden State Parkway and the Atlantic
City expressway, but shall not include shopping mall roadways and
parking lots, private business roadways, residential and nonresidential
parking lots and private driveways.
A.
No person shall cause, suffer, allow or permit the engine of a diesel-powered
motor vehicle to idle for more than three consecutive minutes if the
vehicle is not in motion, with the following exceptions:
[Amended 9-8-2015 by Ord.
No. 15-17]
(1)
A motor vehicle at the vehicle operator's place of business
where the motor vehicle is permanently assigned may idle for 30 consecutive
minutes.
(2)
A motor vehicle may idle for 15 consecutive minutes when the vehicle
engine has been stopped for three or more hours and only if the temperature
is below 25° F.
(3)
Buses may idle while actively discharging or picking up passengers
for 15 consecutive minutes in a sixty-minute period.
(4)
No idling is allowed in a parking space with available and functioning
electrification technology.
B.
The provisions of Subsection A above shall not apply to:
[Amended 9-8-2015 by Ord.
No. 15-17]
(1)
A motor vehicle stopped in a line of traffic.
(2)
A motor vehicle whose primary power source is utilized, in whole
or part, for necessary and definitely prescribed mechanical operations,
such as refrigeration units for perishable loads, hydraulic lifts,
"cherry pickers," or similar equipment and other than propulsion,
passenger compartment heating or passenger compartment air conditioning.
(3)
A motor vehicle being or waiting to be examined by a state or federal
motor vehicle inspector.
(4)
An emergency motor vehicle in an emergency situation.
(5)
A motor vehicle while it is being repaired.
(6)
A motor vehicle while it is engaged in the process of connection
or detachment of a trailer or of exchange of trailers.
(7)
Operation of auxiliary or alternate power systems for cabin comfort.
(8)
A motor vehicle with a sleeper berth, equipped with a 2007 or newer
engine, or that has been retrofitted with a diesel particulate filter
while the driver is resting or sleeping in the sleeper berth. Other
idling is still prohibited.
C.
No person shall cause, suffer, allow or permit any
emission control apparatus or element of design installed on any diesel-powered
vehicle or diesel engine to be disconnected, detached, deactivated
or in any other way rendered inoperable or less effective, in respect
to limiting or controlling emissions that it was designed to be by
the original equipment or vehicle manufacturer, except for the purposes
of diagnostics, maintenance, repair or replacements and only for the
duration of such operations.
Any person who violates any provision of this
chapter shall be subject to a penalty for each offense not more than
$2,500.
Local health officials, the Hillsdale Police
Department and the local code enforcement office shall be empowered
to enforce the provisions of this chapter.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this chapter or from other law.
