City Council

TROY CITY COUNCIL LAW COMMITTEE AGENDA February 12, 2020 5:30 P.M. Pledge of Allegiance Roll Call Public Forum Discussion Of Possible Ban On Excessive Idling Of Parked Vehicles In The City Of Troy From: Mara.Drogan To: Sue.Steele; Eileen.Mcdermott; kim.Mcpherson Cc: Jim.Caruso; Jim.Gulli; Carmella.Mantello; Ken Zalewski; Anasha.Cummings; James.Quinn Subject: RE: Law Committee on Feb 12 at 5:30 Date: Thursday, January 30, 2020 12:15:47 PM FWIW, a quick search of eCode shows most NYS towns/cities that have such regulations place it under Vehicles/Traffic. Here are two examples: 1) Saratoga: Chapter 225. Vehicles and Traffic Article III. Parking, Standing and Stopping § 225-28.1. Idling of engines. [Added 2-19-2013] A. Definitions. The following terms are hereby defined: IDLE or IDLING Refers to any situation where the engine of a motor vehicle is running and the vehicle is not in motion. B. Idling of engines restricted. (1) No person or legal entity that owns, operates or leases a motor vehicle or who has actual control of the operation of a motor vehicle shall cause or permit the engine of such motor vehicle to idle on a public street, public highway or public place for more than five consecutive minutes, except as permitted by subsection B below. (2) Exceptions. The restrictions in this section shall not apply to: (a) Motor vehicles which are required or forced to remain motionless because of conditions over which the operator has no control. (b) Motor vehicles left idling in order to comply with federal, state or local regulations, including but not limited to regulations requiring that a specific temperature be maintained within the motor vehicle. (c) Motor vehicles left idling in order to maintain a temperature within the motor vehicle that is reasonably necessary for the health of the motor vehicle's driver and/or passengers. (d) Situations in which the motor vehicle's engine is being used to provide power for an auxiliary purpose other than transportation. (e) Police, fire, public utility and other vehicles used in public service. C. Penalties. Any person or legal entity who shall violate any of the provisions of this chapter shall be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of this Code. 2) Ithaca: Chapter 346. Vehicles and Traffic Part 1. Regulations and Penalties Article V. Miscellaneous Provisions § 346-48. Vehicle idling. 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. All best, Mara ******************** Mara Drogan City Clerk, City of Troy 433 River Street – 5th floor Troy, NY 12180 Phone: 518-279-7147 From: Anasha.Cummings To: Mara.Drogan Cc: Sue.Steele; Eileen.Mcdermott; kim.Mcpherson; Jim.Caruso; Jim.Gulli; Carmella.Mantello; Ken Zalewski; James.Quinn; James.Rath Subject: Re: Law Committee on Feb 12 at 5:30 Date: Thursday, January 30, 2020 12:33:06 PM In New York City, They adopted a system of citizen enforcement, because catching idling vehicles in the act is pretty difficult. Check out the details here: https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2240465&GUID=2FDAF985- 586E-4902-9918-BC683FAACFE8 Video about it: https://www.youtube.com/watch?v=_nRmU5Lytdc Best, Anasha § 225-28.1. Idling of engines. [Added 2-19-2013] A. Definitions. The following terms are hereby defined: IDLE or IDLING Refers to any situation where the engine of a motor vehicle is running and the vehicle is not in motion. B. Idling of engines restricted. (1) No person or legal entity that owns, operates or leases a motor vehicle or who has actual control of the operation of a motor vehicle shall cause or permit the engine of such motor vehicle to idle on a public street, public highway or public place for more than five consecutive minutes, except as permitted by subsection B below. (2) Exceptions. The restrictions in this section shall not apply to: (a) Motor vehicles which are required or forced to remain motionless because of conditions over which the operator has no control.