[HISTORY: Adopted by the Town Board of the
Town of Stillwater as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Noise — See Ch. 141.
[Adopted 5-17-2001 by Ord. No. 1-2001]
A.Â
Large vehicles, machines and equipment left idling
or idling and unattended are a threat to the health, safety and welfare
of the citizens of the Town of Stillwater. Machines, equipment and
vehicles of this nature include, but are not limited to, locomotives,
tractor trailer trucks and earthmoving equipment. When left idling
for extended periods, these devices create a nuisance to Town residents
in the form of excess noise and harmful exhaust fumes, and they also
create an even greater danger to the public health and safety because
of the possibility that they may be set in motion by passersby, including
children.
B.Â
In order to protect and preserve the public health,
safety and welfare, the Town of Stillwater hereby restricts and proscribes
the circumstances in which large machinery, equipment and vehicles
may be left idling and unattended.
In the context of this article, the following
terms shall have the meanings indicated:
Mobile, mechanical equipment used in the excavation, displacement
or transportation of earth.
A circumstance in which an engine is running but not engaged
in motion.
A self-propelled engine, usually electric- or diesel-powered,
that pulls or pushes freight or passenger cars on railroad tracks.
Locomotives, tractor-trailer trucks and earth movers.
A truck having a cab and no body, used for pulling large
vehicles such as vans or trailers.
A circumstance in which machinery or equipment is left idling
with no operator present or in control of the equipment.
A.Â
It shall be unlawful for any person or entity to cause
or to permit any locomotive, tractor-trailer truck or earth mover
to idle for more than 10 minutes or to remain idling and unattended
for more than five minutes.
B.Â
A law enforcement officer who observes idling machinery
or equipment shall direct the operator to turn off the engine. In
the event that the idling machinery or equipment is unattended, the
officer shall turn off the engine. A private citizen who observes
unattended machinery or equipment shall immediately report the circumstances
to the police.
A law enforcement officer shall issue a citation
for violation of this article in any instance in which such officer
observes idling or unattended machinery or equipment. A citation may
also be issued upon complaint of a citizen who observes idling or
unattended machinery or equipment. A citation may be issued to an
individual, a corporation, or both. The prosecution of any citation
shall be adjudicated before the Stillwater Town Court. A violation
of this article is classified as a misdemeanor.
A.Â
Where an individual is adjudged guilty of a first
violation of this article, the Court may impose a fine not to exceed
$350, or imprisonment for a term of not less than 15 days nor more
than one year, or both.
B.Â
Where an individual is adjudged guilty of a second
violation of this article within a five-year period, the Court may
impose a fine not less than $350 nor more than $700, or imprisonment
for a term of not less than 15 days nor more than one year, or both.
C.Â
Where an individual is adjudged guilty of a third
violation of this article within a five-year period, the Court may
impose a fine not less than $700 nor more than $1,000, or imprisonment
for a term of not less than 15 days nor more than one year, or both.
D.Â
Where a corporation is adjudged guilty of a violation
of this article, the Court may impose a fine of $5,000.
