[HISTORY: Adopted by the Board of Trustees of the Village
of Cooperstown as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 270.
[Adopted 1-24-2011 by L.L. No. 3-2011]
As used in this article, the following terms shall have the
meanings indicated:
A vehicle powered by electricity, usually provided by batteries.
A motor vehicle which operates by combining an internal combustion
engine powered by gasoline or diesel fuel with a battery-powered electric
motor.
Any vehicle that is self-propelled by an engine, including
but not limited to automobiles, vans, motorcycles and construction
vehicles.
A.
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.
B.
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:
(1)
A motor vehicle is forced to remain motionless because of traffic
conditions over which the operator thereof has no control;
(2)
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;
(3)
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;
(4)
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;
(5)
A hybrid electric vehicle is idling for the purpose of providing
energy for the battery or other form of energy storage recharging;
(6)
The motor vehicle is an electric vehicle; and
(7)
The motor vehicle is not powered by a diesel engine and the ambient
air temperature is 32° F. (0° C.) or less.
A.
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.
B.
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.
