HomeMy WebLinkAboutOrdinance 3039ORDINANCE NO. 3039
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS
AMENDING CHAPTER 34 OF THE NORTH RICHLAND HILLS CODE
OF ORDINANCES TO IMPLEMENT AND ENFORCE THE TEXAS
STATE RULE ON LOCALLY ENFORCED MOTOR VEHICLE IDLING
LIMITATIONS AND TO APPROVE ENTERING INTO A MEMORANDUM
OF AGREEMENT WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY TO ENFORCE THIS RULE LOCALLY.
WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area
for the pollutant ozone and air quality impacts the public and economic
health of the entire region; and
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, Locally Enforced Idling Restrictions is a Voluntary Mobile Source
Emissions Reduction Program commitment in the Dallas-Fort Worth 8-
Hour Ozone Attainment Demonstration State Implementation Plan (SIP);
and
WHEREAS, the City of North Richland Hills desires to actively participate in improving
the air quality of the region; and
WHEREAS, the City Council finds that the adoption of this ordinance serves a public
purpose, and protects the health, safety, and welfare of the citizens of the
City of North Richland Hills, by limiting the pollution created by motor
vehicles unnecessarily idling within the City's jurisdiction; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: The City Council endorses the TCEQ Idling Limitations Rule as published
in the Texas Administration Code, Title 30, Part 1, Chapter 114,
Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitation.
Ordinance No. 3039
Page 1 of 9
Section 2: Chapter 34 of the North Richland Hills Code of Ordinances is hereby
amended by adding a new Article V which shall read as follows:
"Article V. Idling Vehicle Restrictions
Sec. 34-150 Definitions
Unless specifically defined in the Texas Health and Safety Code, Chapter 382 (also
known as the Texas Clean Air Act) or in the rules of the Texas Commission on
Environmental Quality, the terms used in this Article have the meanings commonly
ascribed to them in the field of air pollution control. In addition to the terms which are
defined by Texas Health and Safety Code, Chapter 382; § 3.2 of Title 30, Texas
Administrative Code (relating to Definitions); § 101.1 (relating to Definitions); and §
114.1 (relating to Definitions), the following words and terms, when used in this Article,
have the following meanings, unless the context clearly indicates otherwise.
(1) Idle--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.
(2) omitted
(3) Motor vehicle--Any self-propelled device powered by an internal combustion
engine and designed to operate with four or more wheels in contact with the ground, in
or by which a person or property is or may be transported, and is required to be
registered under Texas Transportation Code ~ 502 002, excluding vehicles registered
under § 502.006(c).
(4) Primary propulsion engine--A gasoline or diesel-fueled internal combustion
engine attached to a motor vehicle that provides the power to propel the motor vehicle
into motion and maintain motion
Sec. 34-151 Control Requirements for Motor Vehicle Idling
(a) No person shall cause, suffer, allow, or permit the primary propulsion engine of a
motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as
defined in § 114.510 of Title 30, Texas Administrative Code (relating to Definitions), is
not in motion during the period of April 1 through October 31 of each calendar year.
(b) No driver using the vehicle's sleeper berth may idle the vehicle: in a residential
area as defined by Local Government Code $ 244 001, in a school zone, within 1,000
feet of a hospital, or within 1,000 feet of a public school during its hours of operation. An
offense under this subsection may be punishable by a fine not to exceed $500. This
subsection expires September 1, 2009.
Ordinance No. 3039
Page 2 of 9
Sec. 34-152 Exemptions
The provisions of this Article and § 114.512 of Title 30 of the Texas Administrative Code
(relating to Control Requirements for Motor Vehicle Idling) do not apply to:
(1) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less
and does not have a sleeper berth;
(2) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less,
after September 1, 2009;
(3) a motor vehicle forced to remain motionless because of traffic conditions over
which the operator has no control;
(4) a motor vehicle being used by the United States military, national guard, or
reserve forces, or as an emergency or law enforcement motor vehicle;
(5) the primary propulsion engine of a motor vehicle providing a power source
necessary for mechanical operation, other than propulsion, and/or passenger
compartment heating, or air conditioning;
(6) the primary propulsion engine of a motor vehicle being operated for maintenance
or diagnostic purposes;
(7) the primary propulsion engine of a motor vehicle being operated solely to defrost
a windshield;
(8) the primary propulsion engine of a motor vehicle that is being used to supply heat
or air conditioning necessary for passenger comfort and safety in vehicles intended for
commercial or public passenger transportation, or passenger transit operations, in
which case idling up to a maximum of 30 minutes is allowed;
(9) the primary propulsion engine of a motor vehicle being used to provide air
conditioning or heating necessary for employee health or safety while the employee is
using the vehicle to perform an essential job function related to roadway construction or
maintenance;
(10) the primary propulsion engine of a motor vehicle being used as airport ground
support equipment;
(11) the owner of a motor vehicle rented or leased to a person that operates the
vehicle and is not employed by the owner; or
(12) a motor vehicle when idling is necessary to power a heater or air conditioner
while a driver is using the vehicle's sleeper berth for agovernment-mandated rest
period and is not within two miles of a facility offering external heating and air
Ordinance No. 3039
Page 3 of 9
conditioning connections at a time when those connections are available. This
subsection expires September 1, 2009.
Sec. 34-153 Enforcement
Effective April 1, 2009, Violation of any of the provisions of this Article shall constitute a
misdemeanor punishable by a fine not exceeding $500.00. Each and every day a
violation shall occur or is continued shall constitute a separate offense punishable
hereunder."
Section 3: The City Council approves the adoption and implementation of the TCEQ
Idling Limitation Rule by reference.
Section 4: The City Council authorizes the City Manager to execute a Memorandum
of Agreement, attached hereto, with the TCEQ for the purposes of local
enforcement of the Idling Limitation Rules in the City of North Richland
Hills.
Section 5: This ordinance shall be in effect immediately upon adoption.
Section 6: The City Secretary is authorized and directed to cause publication of the
descriptive caption and penalty clauses, Sec. 34-135, as provided by law.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 9th day of February, 2009
CITY RT ICHL ~-Httl_S
By:
Oscar vino, ayor
APP S TO ORM AND LEGALITY:
George A. Staple ,City Attorney
APPROVED AS TO CONTENT:
n Stout, Director of Neighborhood Services
OrdinaiTCe No. 3039
Page 4 of 9
Memorandum of Agreement
Vehicle Idling Limitations in the North Central Texas Area
I. Parties
This Memorandum of Agreement ("Agreement") is entered into between the
Texas Commission on Environmental Quality ("TCEQ") and the local governments
signing this agreement (Local Governments), collectively, the "Parties."
1. The Parties represent that they have the authority to enter into this MOA,
including the authority granted in the Texas Government Code Chapter 791 Interlocal
Cooperation Contracts.
2. The TCEQ has authority under Section 5.229 of the Texas Water Code
and Section 382.033 of the Texas Health and Safety Code to enter into this MOA.
3. The Performing Parties have authority under Section 382.115 of the Texas
Health and Safety Code to enter into this MOA.
II. Intent and Purpose
The intent of this MOA is to memorialize the agreement between the Parties to
implement the following rules aimed at the control of air pollution from motor vehicles:
30 Texas Administrative Code ("TAC") Chapter 114, Control of Air Pollution from Motor
Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512 and 114.517.
The parties enter into this MOA for the purpose of delegating rule enforcement
from TCEQ to Local Governments and incorporating the emission reductions resulting
from the implementation and enforcement of the above-referenced rules into the State
Implementation Plan ("SIP").
III. Definitions
As used in this MOA the following terms have the meanings given below:
1. "EPA" shall mean the U.S. Environmental Protection Agency.
2. "TCEQ" shall mean the Texas Commission on Environmental Quality.
3. "Local Government" has the meaning assigned by 30 TAC Section
114.510.
4. "North Central Texas Area" shall refer to those Texas counties included in
the Dallas-Fort Worth-Arlington (DFW) Texas, Metropolitan Statistical
Area.
Ordinance No. 3039
Page 5 of 9
5. "SIP" shall refer to the State Implementation Plan.
IV. Background
1. Under Section 110 of the Federal Clean Air Act ("FCAA"), 42 U. S. Code
(U.S.C.) Section 7410, each state that has anon-attainment area must submit a SIP to
the EPA demonstrating strategies to come into compliance with the National Ambient
Air Quality Standards ("NAAQS").
2. Section 110 of the FCAA, 42 U.S.C. Section 7410 requires Texas to
submit to the EPA for approval any SIP revisions and to demonstrate that such SIP
revisions will not interfere with any applicable requirement concerning attainment and
reasonable further progress or any other requirement of the FCAA, as required by
Section110(1) of the FCAA.
3. On November 17, 2004, the TCEQ adopted rules concerning locally
enforced motor vehicle idling limitations, which are applicable only within the jurisdiction
of a Local Government that has signed a Memorandum of Agreement with TCEQ
delegating enforcement of the rules. The TCEQ submitted the rules to EPA for approval
on December 6, 2004. EPA approved the rules on June 10, 2005.
4. The Parties acknowledge that they have entered into this MOA voluntarily
and it shall become binding upon the signature of the Executive Director of TCEQ or his
designated representative. The Parties agree to comply with the terms of this MOA.
5. The Local Governments understand and agree that the commitments in
this Agreement become federally enforceable by the EPA, and by persons using the
citizen suits provision of the Federal Clean Air Act (42 U.S.C.A. Section 7604), upon
approval of this Agreement into the SIP.
V. Obligations of Parties
(A) Performing Parties agree as follows:
1. In accordance with the terms of this MOA, the Performing Parties agree to
implement the following TCEQ Rules:
a. 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles,
Subchapter J, Operational Controls for Motor Vehicles, Division 2,
Locally Enforced Motor Vehicle Idling Limitations, Sections 114.510
- 114.512 and 114.517. Changes to these rules shall be
incorporated into this Agreement without requiring amendment of
this Agreement.
Ordinance No. 3039
Page 6 of 9
2. The Performing Parties agree to submit the following information to the
TCEQ for the rules listed above not later than forty-five (45) calendar days
after the effective date of this MOA.
a. Detailed description of the plan for implementation of these rules;
b. Copies of local ordinances or resolutions adopted to implement
these rules; and
c. Copies of agreements entered between Performing Parties and
other units of Local Government for the purpose of the
implementation of these rules. Agreements entered into after the
effective date of this MOA shall be submitted within forty-five (45)
calendar days of their execution.
3. Copies of any requisite resolutions under Section 7.352 of the Texas
Water Code shall be submitted to the TCEQ within fourteen (14) calendar
days after passage by the local governing body.
(B) The TCEQ agrees to submit this agreement to the U.S. EPA as a technical
support document to the DFW eight-hour ozone attainment demonstration SIP.
VI. Term and Termination
This MOA will become effective upon signature by the Parties and shall expire on
January 2, 2013, unless renewed in writing by mutual agreement of the Parties. A Party
may withdraw from this Agreement at any time upon thirty days written notice to the
other Parties of this agreement. Withdrawal by a Local Government does not constitute
termination of the entire MOA. This Agreement may be terminated at any time by
mutual written consent of the Parties.
VII. Miscellaneous
This MOA represents the entire agreement between the TCEQ and the
Performing Parties and supersedes all other agreements, understandings or
commitments, written or oral, relative to the intent of this MOA. This MOA may not be
amended or modified except pursuant to a mutual written agreement executed by each
of the Parties.
This MOA shall be governed by and interpreted in accordance with the laws of
the State of Texas.
Ordinance No. 3039
Page 7 of 9
In Witness Thereof, Texas Commission on Environmental Quality and the Local
Governments, by their authorized officers, have made and executed this MOA in
multiple copies, each of which is deemed an original.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Bv:
Name: Mark R Vickery, P.G.
Title: Executive Director
Date
Ordinance No. 3039
Page 8 of 9
Memorandum of Agreement
Local Government Signature Page
In witness thereof, the City of North Richland Hills through its authorized officer, has
made and executed this signature page that shall be attached to the Memorandum of
Agreement to Control Air Pollution From Motor Vehicles Through Locally Enforced
Vehicle Idling Limits, which is hereby incorporated by reference in its entirety.
Executed by:
CITY OF NORTH RICHLAND HILLS
By:
Larry J. Cunningham
City Manager
Ordinance No. 3039
Page 9 of 9
INVOICE Preview
Star - Telegram Customer ID: CIT13
400 W. 7TH STREET Invoice Number: 303010401
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 2/15/2009
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To: Due Date: 2/28/2009
CITY OF NORTH RICHLAND HILLS /SE PO Number:
PO BOX 820609 Order Number: 30301040
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: CITY OF NORTH RI
Attn STACEY HA Publication Dates: 2/12/2009 - 2/15/2009
,voRFN A ND a�aticrn Col Depth Tinge Rate Amount
HILLS
CITY OF N oR DIIV3 0 3C 9 E N °' S I3580 1 55 55 LINE $0.27 $44.60
An ordinance of the
City of North Rich-
land Hills amending
Sales Discos Chapter 34 of the
North Richland Hills ($8
Code of Ordinances
to implement and
enforce the Texas
Misc Fee state Rule on locally
enforced motor ve- $5.00
hicle idling limita-
tions and to approve
entering into a
memorandum of
agreement with the
Texas Commission
on Environmental Net Amount $41.10
Quality loca
Effective April 1,
2009, Violation of
any of the provisions
of this Article shall
constitute a misde-
meanor punishable,
by ? fine not ex-
ceeding $500.00.
Each and every day
a violation shall oc-
cur or is continued
shall constitute a
separate offense
h u n I s h a b I e
ereunder.'
THE STAT Passed and Approved
on this 9th day of
County Of
February f 2009.
/s /Oscar revino
Oscar Trevino - Mayor
Before me , /s/Patricia Hutson
i County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, { pa nua u Son - City . n, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached cli secretary
APPROVED As TO published in th ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7 FORM AND LEGAL-
ITY:
/t /George Staples \�� \ / //�
George Staples - CItY ` /T , g� �PVE JgO+� ���/
Attorney Signed �1!/�.� \\ .•.••••.. O ///
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, February 18, 2009. p�
Notary Public L 1'
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Thank You For Your Payment
---------------------------------------------
Remit To: Star - Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 303010401
Invoice Amount: $41.10
PO Number:
Amount Enclosed: $