A.
Applicability. This section shall apply to all motor
vehicles defined in Article 1 of the Vehicle and Traffic Law of the
State of New York.
B.
No person who owns, operates or leases a motor vehicle or who owns, leases or occupies land and has the actual or apparent dominion or control over the operation of a motor vehicle on such land shall allow or permit the engine of such motor vehicle to idle for more than five consecutive minutes when the motor vehicle is not in motion, except as otherwise permitted by Subsection C below.
C.
Exceptions. The prohibitions of Subsection B of this section shall not apply when:
(1)
The motor vehicle is forced to remain motionless because
of traffic conditions over which the operator thereof has no control.
(2)
Regulations adopted by federal, state or local agencies having jurisdiction require the maintenance of a specific temperature for passenger comfort. The idling time specified in Subsection B of this section may be increased, but only to the extent necessary to comply with such regulations.
(3)
The engine is being used to provide power for an auxiliary
purpose such as loading, discharging, mixing or processing cargo;
controlling cargo temperature; construction; or farming, or operation
of the engine is required for the purpose of maintenance.
(4)
Fire, police and public utility trucks or other vehicles
are actually performing emergency services.
D.
Penalties for offenses. Any person who violates the
provisions of this section shall be guilty of a violation and, upon
conviction thereof, shall be punishable by a fine not to exceed $250
or by imprisonment for not more than 15 days, or by both such fine
and imprisonment.
[Amended 5-2-2018 by Ord.
No. 2018-05]
Every person convicted of a traffic infraction for a violation
of any provision of this chapter which is not a violation of any provision
of the Vehicle and Traffic Law of the State of New York shall, for
a first conviction thereof, be punished by a fine of not more than
$100 or by imprisonment for not more than 15 days, or by both such
fine and imprisonment; for a second such conviction within 18 months
thereafter, such person shall be punished by a fine of not more than
$200 or by imprisonment for not more than 15 days, or by both such
fine and imprisonment; upon a third or subsequent conviction within
18 months after the first conviction, such person shall be punished
by a fine of not more than $300 or by imprisonment for not more than
15 days, or by both such fine and imprisonment.
[Amended 5-2-2018 by Ord.
No. 2018-05]
A.
Notwithstanding the provisions of § 346-49 above and in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of not less than $15 and not more than $50 may be paid if such sum is paid within 20 days of such violation.
