HomeMy WebLinkAboutORDINANCES-2010-012-O-10Effective Date: June 30, 2010 4/5/2010
• 2/3/2010
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AN ORDINANCE
Amending Subsection 10-4-18-1 of the City Code,
"Standing or Parked Idling Motor Vehicles"
WHEREAS, the City of Evanston has adopted a City Vehicle Idling
Management Policy; and
WHEREAS, by adopting Ordinance 75-0-06, the City Council enacted
Title 10, Chapter 4, Section 18 of the Evanston City Code of 1979, as amended (the
"City Code"), which regulates the idling of motor vehicles; and
WHEREAS, Section 10-1-2 of the City Code states that the provisions of
Title 10 that relate to "the operation of vehicles refer exclusively to the operation of
• vehicles upon highways except where a different place is specifically referred to in a
given Section"; and
WHEREAS, Section 10-1-3 of the City Code defines a "highway" as the
"entire width between the boundary lines of every way publicly maintained when any
part thereof is open to the use of the public for purposes of vehicular travel"; and
WHEREAS, Section 10-4-18 of the City Code does not specify that it
applies to any particular place; and
WHEREAS, the stated legislative purposes of Ordinance 75-0-06 were to
prevent air and noise pollution, the waste of fuel, and the deleterious effects thereof on
the public health, safety, and welfare; and
• WHEREAS, permitting vehicles to idle on private property without restriction
frustrates said legislative purposes,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
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THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Subsection 10-4-18-1 of the City Code is hereby
amended to read as follows:
10-4-18-1: STANDING OR PARKED IDLING MOTOR VEHICLES:
No standing or parked motor vehicle with a gross vehicle weight rating of eight
thousand (8,000) pounds or greater shall be allowed to idle on any public street, public
place, or private property for more than a total of five (5) minutes within a sixty (60)
minute period except under the following circumstances:
(A) The motor vehicle is an official City of Evanston vehicle that is operating in
compliance with the City of Evanston Vehicle Idling Management Policy;
(B) The motor vehicle idles while forced to remain motionless because of traffic, an
official traffic control device or signal, or at the direction of a law enforcement
official;
(C) The motor vehicle idles when operating defrosters, heaters, air conditioners, or •
other equipment solely to prevent a safety or health emergency;
(D) A police, fire, ambulance, public safety, other emergency or law enforcement
motor vehicle, or any motor vehicle used in an emergency capacity, idles while in
an emergency or training mode and not for the convenience of the vehicle
operator;
(E) The motor vehicle is owned by an electric utility and is operated for electricity
generation or hydraulic pressure to power equipment necessary in the
restoration, repair, modification or installation of electric utility service;
(F) When the motor vehicle idles due to mechanical difficulties over which the
operator has no control;
(G) A bus idles a maximum of fifteen (15) minutes in any sixty (60) minute period to
maintain passenger comfort while nondriver passengers are on board;
(H) An armored motor vehicle idles when a person remains inside the vehicle to
guard the contents, or while the vehicle is being loaded or unloaded;
(1) When idling of the motor vehicle is required to operate auxiliary equipment to •
accomplish the intended use of the vehicle (such as loading, unloading, mixing,
or processing cargo; controlling cargo temperature; construction operations),
provided that this exemption does not apply when the vehicle is idling solely for
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cabin comfort or to operate nonessential equipment such as air conditioning,
heating, microwave ovens, or televisions;
(J) A motor vehicle idles as part of a government inspection to verify that all
equipment is in good working order, provided idling is required as part of the
inspection; or
(K) The primary propulsion engine idles for maintenance, servicing, repairing, or
diagnostic purposes if idling is necessary for such activity.
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: That if any provision of this ordinance or application thereof
to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this ordinance that can be
given effect without the invalid application or provision, and each invalid provision or
invalid application of this ordinance is severable.
SECTION 4: That this ordinance shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
Introduced: �� , 2010 Approved:
Adopted: , 2010 �p , 2010
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Eliza th B. Tisdahl, Mayor
Attest:
Approved as to form:
todney Greg'%, pity Clerk W. Grant Farrar, City Attorney
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