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Home My WebLink About10B - Idling of Engines Report MEETING DATE: AGENDA #: PREPARED BY: CITY COUNCIL AGENDA REPORT March 17, 2008 ~ 10B Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A REPORT REGARDING IDLING OF ENGINES. DISCUSSION: Introduction The purpose of this agenda item is to receive City Council input about whether an ordinance amendment should be prepared regulating the idling of vehicle engines to minimize air pollution and conserve fuel. Historv The City Council previously considered a staff proposal to initiate a five-part conservation plan. During the course of the City Council's discussion about the plan, the staff indicated that we would be working to reduce idling of City vehicles. The City Council asked that the staff review other City ordinances to see if other communities are taking steps to reduce vehicle idling. Current Circumstances There are a number of cities, counties and states who regulate vehicle idling for energy conservation and air pollution reduction purposes. The American Transportation Research Institute provides a listing of ordinance restrictions underway. The most common restriction is idling not to exceed five minutes. Government entities in ten states have such restrictions, Other entities prescribe other time periods. Two entities limit idling to ten minutes; six to 15 minutes; five to three minutes and four totally prohibit idling. A typical ordinance was adopted in Owatonna, Minnesota, and reads, "Idling of engines in Residential Districts. No person shall have or allow a motor vehicle engine to idle in residential districts of this city, as defined in Ordinance No. 827 (Owatonna Zoning Ordinances), for longer than 15 minutes." Some cities establish maximum idling time based upon temperature. Warm weather cities may allow 30 minutes of idling for bus passenger comfort when the outdoor temperature reaches 750. Other cities allow greater idling time in cold weather, presumably to allow for driver/passenger comfort and to facilitate the removal of snow and ice from window glass. One city provides for five- minute idling if the temperature is less than 320 and 20 minutes if the temperature is below 200. Every one of the ordinances include exceptions such as: traffic or adverse weather conditions, emergency equipment, power take off equipment, resting or sleeping in a sleeper, vehicle safety inspection, alternatively fueled vehicles, service or repair, farm vehicles, defrosting windshield, etc. www.cityofpriorlake.com Phori~i9S2:4:4V.980(}/Fax 952.447.4245 The penalties for failure to abide by the law vary considerably. The minimum appears to be $50, while $100 is most frequent. Some cities escalate the fee based upon number of violations. The largest fines were $1,000 and up to $5,000. Conclusion The Council should consider at least the following factors and determine whether the staff should be directed to prepare an ordinance for consideration. ISSUES: 1. Intent If the Council wishes to eliminate idling, then it should consider the shortest time possible. This could encourage people to operate their cars before their windshields are clear of ice. 2, Time Limit The Council could adopt a time limit based upon temperature so vehicles may be idled longer in colder weather or much hotter weather. Having temperature-related time limits does complicate enforcement and compliance, 3. Zoning District Many of the ordinances are effective for residential zoning districts only. Presumably this recognizes that vehicle idling during loading and unloading for business purposes is not unusual. 4. Exemption Every ordinance has more or less exemptions. The more exemptions, the greater the compliance and enforcement problems. 5. Fine The final question is determining the size of the fine and whether it should increase based upon the number of violations. The vehicle owner would likely be fined even though the driver may be someone else in the family. While the intent is a good one, the enforcement of such an ordinance is rife with problems. To enforce the ordinance, the Police Department will have to observe first hand that the vehicle was idling longer than the ordinance allows. If the vehicle is on private property, there is some question about whether the police can enforce the ordinance. If a temperature-specific ordinance is adopted, verification of weather conditions at the time of violation becomes necessary. There would need to be numerous exceptions to the ordinance. Each additional exception complicates enforcement. Given that we have numerous lakes, is a boat engine idling when it operates at slow, no-wake or trolling speed? The same question can be applied to lawn mowers unless exempted. FINANCIAL IMPACT: The ordinance represents an incremental addition to our list of enforcement items. As such, it will require additional time for enforcement, which over time can result in the need for additional personnel. ALTERNATIVES: 1. Direct the staff to prepare an anti-idling ordinance and clarify your desires regarding each area listed above. 2. Direct the staff to prepare "conservation tips" to encourage awareness of conservation and pollution reduction measures. RECOMMENDED As determined by the City Council. MOTION: ! i City of Owatonna - City Budget Page 1 of2 City Code: 900: 1 0 CHAPTER X. NUISANCES DEFINED AND REGULA TED Section 900:00 CHAPTER IX. PENAL REGULA nONS AND PENAL OFFENSES Section 900 - Offenses Against Public Peace Section 900:00. Tumultuous Conduct. No person shall disturb, tend to disturb nor aid in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, or by loud profane language. No person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control. Section 900:05. Vagrancy. Subd. 1. Certain Acts Prohibited. No person shall commit the act of vagrancy. The acts set forth in the subdivisions which follow shall constitute vagrancy. Subd. 2. No Lawful Means of Support. Any person having no lawful means of employment and having no lawful means of support realized solely from occupations or sources; or, any person who lives idly and without visible means of support. Subd. 3. Loitering. Any person found loitering or strolling in, about, or upon any street, alley or other public way or public place, or at any public gathering or assembly, or in or around any store, shop or business or commercial establishment, or on any private property or place without lawful business and conducting himself in a lewd, wanton or lascivious manner in speech and behavior. Subd. 4. Unlawful Occupancy. Any person wandering abroad and occupying, lodging or sleeping in any vacant or unoccupied barn, garage, shed, shop or other building or structure, or in any automobile, truck, railroad car or other vehicle, without owning the same or without permission of the owner or person entitled to the possession of the same, or sleeping in any vacant lot during the hours of darkness and not giving a satisfactory account of himself. Subd. 5. Begging. Any person wandering abroad and begging; or any person who goes about from door to door of private homes or commercial and business establishments, or places himself in or upon any public way or public place to beg or receive alms for himself. . 4ction 900:10. Idling of Engines in Residential Districts. No person shall have or allow a motor V ~;hicle engine to idle in residential districts of this City, as defined in Ordinance No. 827 (Owatonna Zoning Ordinance), for longer than fifteen (15) minutes. No idling period shall be http://www.ci.owatonna.mn.us/code/codedetail. php?id= 194 3/1 0/2008 City of Owatonna - City Budget Page 2 of2 repeated at shorter intervals than five (5) hours. Section 900:15. Vehicles Towed by Police. Where any vehicle is parked or left unattended contrary to the provisions of this ordinance, any police officer of this municipality may cause such vehicle to be removed, or removed and stored, and the cost of such moving and storage shall be paid by the owner of such vehicle in addition to any fine set forth for violation of this ordinance. 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