[HISTORY: Adopted by the Board of Trustees of the Village of Cooperstown as indicated in article histories. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 270.
Article I Idling of Diesel and Motor Vehicle Engines
[Adopted 1-24-2011 by L.L. No. 3-2011]
As used in this article, 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.
No person shall operate, allow or permit the operation of a diesel engine or a vehicle propelled by a diesel engine in such a manner as to emit exhaust emissions equal to or greater than 20% opacity for a continuous period of more than five seconds as determined by a trained certified observer.
No person shall allow or permit the engine of a motor vehicle to idle for more than three consecutive minutes when the motor vehicle is not in motion, except that this provision shall not apply when:
A motor vehicle is forced to remain motionless because of traffic conditions over which the operator thereof has no control;
Regulations adopted by a federal, state or local agency having jurisdiction require the maintenance of a specific temperature for passenger comfort, in which case the idling time may be increased to the extent necessary to comply with such regulations;
An engine is being used to provide power for an essential auxiliary purpose, such as loading, discharging, mixing or processing cargo; controlling cargo temperature; construction; lumbering; oil or gas well servicing; farming operations or when operation of the engine is required for the purpose of maintenance;
Trucks and heavy-duty construction equipment propelled by diesel engines, owned and operated by persons engaged in mining and quarrying, are used within the confines of such person's property;
A hybrid electric vehicle is idling for the purpose of providing energy for the battery or other form of energy storage recharging;
The motor vehicle is an electric vehicle; and
The motor vehicle is not powered by a diesel engine and the ambient air temperature is 32° F. (0° C.) or less.
This article 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.
This article shall not apply to fire trucks, police, emergency medical services and other emergency vehicles and equipment while performing in the scope of their duties.
Penalties for violations of this article shall be as set forth by the Village Justice of the Village of Cooperstown, but not in an amount to exceed $250.
The provisions of this article shall be enforced by the officers of the Village of Cooperstown Police Department and may be enforced by all law enforcement officers with jurisdiction in the Village of Cooperstown, including state and municipal law enforcement officers authorized to enforce the Vehicle and Traffic Law of the State of New York. The provisions of this article may also be enforced by municipal traffic and parking enforcement officers if authorized by the municipality to issue appearance tickets. The law enforcement officer or enforcement agent shall issue an appearance ticket returnable in the local court of the jurisdiction where the violation occurred. Enforcement shall occur in all areas, public or private, where New York State Vehicle and Traffic Law is enforceable.