Ord 2006-012 - Laserfiche WebLink

Home Browse Search

I I I school busses in which case idling up to a maximum of 30 minutes is allowed; (8) the primary propulsion engine of a motor vehicle used for transit operations in which case idling up to a maximum of 30 minutes is allowed; (9) the primary propulsion engine of a motor vehicle being used as airport ground support equipment; or (10) the owner of a motor vehicle rented or leased to a person who operates the vehicle and is not employed by the owner. (b) For any violation of this division, the person seeking to establish an affirmative defense shall have the burden of proving by a preponderance of the evidence that an event that would otherwise be a violation of this idling ordinance was caused by one of the affirmative defenses listed in this section. Secs. 34.406-34.700. Reserved. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. Any person violating any provIsion of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 5. The importance of this Ordinance creates an emergency and an imperative public necessity, so that the provisions of the City Charter that ordinances be presented at three separate Council meetings, and that no ordinance becomes effective until the expiration of ten days after the date of its final passage, are suspended, and this Ordinance shall take effect and be in full force and effect from and after its adoption and after notice of its adoption is published in a newspaper of general circulation in the City.