ORD 2008-31TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-31
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES,
ENTITLED "PUBLIC SAFETY, ARTICLE II, ENTITLED "TRAFFIC AND
VEHICLES", BY RENUMBERING THE "PENALTY" PROVISION FROM
ITS CURRENT SECTION NUMBER OF 2.08 TO ITS NEW SECTION
NUMBER OF "2.09. PENALTY"; AND ADOPTING A NEW SECTION
2.08 ENTITLED "LOCALLY ENFORCED MOTOR VEHICLE IDLING
LIMITATIONS'; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the U.S. Environmental Protection Agency ("EPA") and the Texas
Commission on Environmental Quality ("TCEQ") jointly have considered emission
reductions to control air pollution from motor vehicles, and the Texas Legislature has
created the Texas Clean Air Act ("Act"), which addresses that purpose; and
WHEREAS, Section 382.113 of the Act provides authority for municipalities to
enact and enforce local laws and ordinances for the control and abatement of air
pollution; and
WHEREAS, by means of the regulation set forth in Sections 114.50 through
144.512 and Section 114.517 of Title 30 the Texas Administration Code, the TCEQ has
set forth regulations intended to assist in the prevention of air pollution caused by
unnecessary idling of certain motor vehicles; and
WHEREAS, the Town Council finds that the adoption of this Ordinance serves a
public purpose, and protects the health, safety, and welfare of the citizens of Town of
Trophy Club, by limiting the pollution created by large motor vehicles unnecessarily
idling within the Town's corporate limits; and
WHEREAS, the Town Council hereby finds that the renumbering of the current
"Penalty" Section from Section 2.08 and to Section 2.09 of Article II, Chapter 10 of the
Code of Ordinances, and the adoption of a new Section 2.08 of Article II, Chapter 10, of
the Code regulating idling vehicles as further specified herein serves the best interests
of the Town.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article II entitled 'Traffic and Vehicles" of Chapter 10, entitled "Public Safety" of
the Code of Ordinances of the Town is hereby amended to renumber the existing
Section 2.08 'Penalty" to be "Section 2.09 Penalty', which shall read in its entirety as
follows:
Section 2.09 Penalty
It shall be unlawful for any person to violate any provision of this Article, and any person
violating or failing to comply with any provision of this Article shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
2.02 Article II entitled 'Traffic and Vehicles" of Chapter 10, entitled 'Public Safety" of
the Code of Ordinances of the Town is hereby amended to adopt a new Section 2.08
entitled "Locally Enforced Motor Vehicle Idling Limitations," which shall to be and read
as follows:
Section 2.08 Locally Enforced Motor Vehicle Idling Limitations
A. Definitions: For purposes of this Section 2.08, the terms below shall be defined as
follows:
1. Commercial Passenger Transportation: means a mode of transportation
provided by a bus or motor coach designed to accommodate more than 10
passengers (including the operator) for compensation and that is powered by a
primary propulsion engine, but specifically excluding the modes of railroad,
light rail, or taxicabs.
2. Idle: means the operation of an engine in the operating mode where:
a. The engine is not engaged in gear;
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b. 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
c. There is no load on the engine.
3. Mechanical Operations: means the use of electrical tools or equipment in
construction, maintenance, or repair of facilities.
4. Passenger Transit Operations: means a regional mode of public
transportation that is funded through a portion of sales tax for the region being
served.
5. Primary Propulsion Engine: means a gasoline or diesel -fueled internal
combustion engine that;
a. Is attached to a motor vehicle; and
b. Provides the power to propel the motor vehicle into motion and maintain
motion.
B. Idling Prohibited. A person commits an offense if, at any time from April, 1 through
September 30 of any calendar year, he causes, suffers, allows, or permits the
primary propulsion engine of a motor vehicle to idle for more that five (5)
consecutive minutes unless the motor vehicle is in motion. The Owner of a vehicle
subject to this Section may be charged with a violation of this Section, if that
violation is committed by the Owner's employee.
C. Exception. It is an exception to prosecution under this section that:
1. The motor vehicle has a gross vehicle weight rating of 14,000 pounds or less;
2. The motor vehicle was forced to remain motionless because of traffic
conditions over which the operator had no control;
3. The motor vehicle was being used:
a. By the United States military, national guard, or reserve forces; or
b. As an emergency or law enforcement motor vehicle;
4. The primary propulsion engine of the motor vehicle was providing a power
source necessary for a mechanical operation of the vehicle, other than:
a. Propulsion; or
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b. Passenger compartment heating or air conditioning;
5. The primary propulsion engine of the motor vehicle was being operated for
maintenance or diagnostic purposes;
6. The primary propulsion engine of the motor vehicle was being operated solely
to defrost a windshield:
7. The primary propulsion engine of the motor vehicle was being used to supply
heat or air conditioning necessary for passenger comfort or safety, if the
vehicle:
a. Was a school bus or was intended for commercial passenger
transportation or passenger transit operations; and
b. Did not idle more than (thirty) 30 consecutive minutes;
8. The primary propulsion engine of the motor vehicle was being used to provide
air conditioning or heating necessary for employee health or safety while the
employee was using the vehicle to perform an essential job function related to
roadway construction or maintenance;
9. The person charged with the offense was the owner of a motor vehicle subject
to this Section that had been rented or leased to a third party operating the
vehicle at the time of the offense, if the third party vehicle operator was not
employed by the vehicle owner.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting motor vehicles and shall not repeal any of the provisions of such Ordinances
except in those instances where provisions of those Ordinances are in direct conflict
with the provisions of this Ordinance; whether such Ordinances are codified or
uncodified, and all other provisions of the Ordinances of the Town of Trophy Club,
codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain
in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of
action or claim which prior to the effective date of this Ordinance has been initiated or
has arisen under or pursuant to such repealed Ordinance(s) shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance shall
be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
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If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 6 i day of October, 2008.
Mayor, Nick Sanders
Town of Trophy Club, Texas
Effective
Date:
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[SEAL]
ATTEST:
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Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
fad APPROVED TO TO AS FORM: j(p` �
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Town Attorney, Patricia Adams
Town of Trophy Club, Texas �9�`'
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