11-876

11-876. Engine idling restrictions; exemptions;
applicability; civil penalty; definition

A. By July 1, 2002, a county that contains any portion of area A as defined
in section 49-451 shall adopt, implement and enforce ordinances that place limits on the
maximum idling time for engines that propel heavy-duty diesel vehicles with a gross
vehicle weight rating of more than fourteen thousand pounds. The ordinances shall at
least include exemptions for:

1. Certain types of vehicles, such as police, fire and other emergency vehicles.

2. Certain types of situations such as traffic delays or the need for a driver to
sleep in the vehicle.

3. Certain types of equipment operations, such as refrigeration of cargo.

B. A county with a population of less than one million two hundred thousand persons
shall adopt, implement and enforce the ordinances required by this section only for those
portions of the county that are located in area A.

C. Any other county may adopt, implement and enforce ordinances that comply with
this section.

D. A driver who violates an ordinance adopted pursuant to this section is subject
to:

1. The imposition of a civil penalty of one hundred dollars for the first
violation.

2. The imposition of a civil penalty of three hundred dollars for a second or any
subsequent violation.

E. Ordinances adopted pursuant to this section may be enforced by a county control
officer or any law enforcement officer who is authorized to enforce traffic laws. For
violations of ordinances adopted pursuant to this section, an officer shall use a uniform
civil ticket and complaint substantially similar to a uniform traffic ticket and
complaint prescribed by the rules of procedure in civil traffic cases adopted by the
supreme court. The officer may issue citations to persons who violate an ordinance
adopted pursuant to this section.

F. In enforcing ordinances adopted pursuant to this section, a county control
officer or authorized law enforcement officer shall only issue one citation per traffic
stop or investigation of a driver whose vehicle exceeds the maximum idling limits
established pursuant to this section.

G. For the purposes of this section, "idling" 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 the 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.