Ord 2006-012 - Laserfiche WebLink

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Idle means the operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at he revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released, and there Is no load on the engine. Primary propulsion engine means a gasoline or diesel-fueled internal combustion engine attached to a motor vehicle that provides the power to propel the motor vehicle into motion and maintain motion. Sec. 34.402. Jurisdiction. The provisions of this division are applicable within the city limits and extraterritorial jurisdiction of the City of San Marcos. Sec. 34.403. Idling Prohibited. No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five (5) consecutive minutes when the motor vehicle is not in motion. Sec. 34.404. Affirmative Defenses. (a) The following constitute affirmative defenses to prosecution under this division: (1) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less; (2) a motor vehicle forced to remain motionless because of traffic conditions over which the operator has no control; (3) a motor vehicle being used by the United States military, national guard, or reserve forces, or as an emergency of law enforcement motor vehicle; (4) the primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, not including propulsion, and passenger compartment heating or air conditioning; (5) the primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purpose; (6) the primary propulsion engine of a motor vehicle being operated solely to defrost a windshield; (7) the primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort or safety in those vehicles intended for commercial passenger transportation or I I I