National City Municipal Code Ch. 11.34 Truck Idling and Parking Maneuvers Near a School or Residence

A. Air Pollution is a Public Health Concern in California. The San Diego Air Basin is currently designated as nonattainment for the state and federal ozone standard, and the state's particulate matter standards. Air pollution can cause or aggravate illnesses such as acute respiratory infections, asthma, chronic bronchitis, emphysema, and lung cancer. In addition to health impacts, air pollution imposes significant economic costs and negative impacts on our quality of life (nuisance).

B. The purpose of this chapter is to reduce public exposure to diesel particulate matter and other air contaminates by limiting the idling and practice of parking maneuvers of diesel fueled commercial vehicles. The purpose of this chapter is also to reduce such exposure especially to school-age children.

C. The air resources board identified diesel exhaust particulate matter as a toxic air contaminant. Particulate matter (PM-10) can collect in lungs where it can increase the number and severity of asthma attacks, cause aggravated bronchitis, and cause other lung diseases. Particulate matter can also exacerbate other illnesses. Ozone is a strong irritant which can restrict airways, resulting in difficulty breathing and forcing respiratory and cardiovascular systems to work harder. Chronic exposure reduces lung capacity, lower stamina, and leaves people vulnerable to long-term respiratory problems. Ozone is especially harmful to children, senior citizens and those suffering from asthma or existing heart and lung disease.

D. Public agencies can play an important role in improving air quality by limiting the amount of time engines are allowed to idle within their jurisdiction. Public agencies have the responsibility to lead the effort to improve air quality by adopting ordinances that are cost-effective in reducing ozone precursor emissions and toxic air contaminants.

E. A study of idling exhaust emissions conducted by the U.S. Environmental Protection Agency (EPA420-R-02-025, October 2002) indicates that a typical 1980's—2001 model year truck operating on diesel fuel emits one hundred forty-four grams per hour of nitrogen oxide and eight thousand two hundred twenty-four grams per hour of carbon dioxide emissions and consumes about 0.82 gallons of diesel fuel per hour while idling.

F. A limitation on engine idling is established by the city of National City to discourage the idling of engines in the city.

G. The practice of commercial vehicles practicing repeated parking maneuvers near schools and residences contributes to the emission of toxic air contaminates in a manner similar to idling. A limitation on practicing parking maneuvers near schools and residences is established to discourage the emissions of toxic air contaminates.

(Ord. No. 2023-2520, 4-18-2023)

The following definitions shall apply unless the context clearly indicates or requires a different meaning.

A. "Commercial motor vehicle" means any vehicle or combination of vehicles as defined in CVC Section 15210(b) and any other motor truck with a gross vehicle weight rating of ten thousand one pounds or more, except for either a zero-emission vehicle or a pickup truck as defined in CVC Section 471.

B. "Driver" means any person who drives, operates, or is in actual physical control of a vehicle.

C. "Emergency" means sudden, urgent, usually unforeseen occurrence.

D. "Gross vehicle weight rating" means the weight specified by the manufacturer as the maximum loaded weight of a single vehicle.

E. "Idling" means the engine is running while the vehicle is stationary.

F. "Vehicle" means any on-road, self-propelled vehicle that is required to be registered and have a license plate by the Department of Motor Vehicles.

G. "Vehicle equipment owner" means the registered owner, lessee, licensee or bailee of any heavy- or medium-duty vehicle who operates or directs the operation of any such vehicle on either a for hire or not for hire basis.

(Ord. No. 2023-2520, 4-18-2023)

This chapter applies to all diesel fueled commercial motor vehicles with a gross vehicle weight rating over ten thousand pounds.

(Ord. No. 2023-2520, 4-18-2023)

A. A driver of a commercial motor vehicle:

1. Shall turn off the engine upon stopping at a destination;

2. Shall not cause or allow an engine to idle at any location for more than five consecutive minutes; and

3. Shall not cause or allow a vehicle to idle at any location within one hundred feet of a school for:

a. More than five consecutive minutes, or

b. A period or periods aggregating more than five minutes in any one hour.

B. A private property owner shall not allow a vehicle located on the owner's property to violate the provisions of this chapter. A private property owner shall notify owners and operators of vehicles entering the owner's private property of the requirements of this chapter.

(Ord. No. 2023-2520, 4-18-2023)

A. This chapter does not apply to a vehicle for the period or periods during which:

1. Idling is necessary while stopped:

a. For an official traffic control device,

b. For an official traffic control signal,

c. For traffic conditions over which the driver has no control, including, but not limited to, stopped in a line of traffic, stopped at a railroad crossing, or stopped at a construction zone, or

d. At the direction of a peace officer;

2. Idling is necessary to ascertain that the vehicle is in safe operating condition, equipped as required by all provisions of law, and all equipment is in good working order, either as part of the daily vehicle inspection or as otherwise needed, provided that such engine idling is mandatory for such verification;

3. Idling is necessary for testing, servicing, repairing or diagnostic purposes;

4. Idling is necessary for a period not to exceed three to five minutes (as per the recommendation of the manufacturer) to cool down a turbo charged heavy-duty vehicle before turning the engine off;

5. Idling is necessary to accomplish work for which the vehicle/equipment was designed, other than transporting goods, such as operating a lift, crane, pump, drill, hoist, mixer or other auxiliary equipment other than a heater or air conditioner;

6. Idling is necessary to operate a lift or other piece of equipment designed to ensure safe loading and unloading of goods and people;

7. Idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver or passengers.

a. The only exception for driver comfort would be a vehicle driver that is required to have rest time by law. In this case, the driver may only idle at a designated rest area or truck stop and will not idle within one thousand feet of a residential area or school,

b. The only specific exception for passenger comfort would be vehicles with a passenger onboard with a disability or health condition that would be critically aggravated if the vehicle were not maintained at an adequate temperature,

c. In the event idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver or passengers, such idling shall not occur within one hundred feet of a residence or a school;

8. Idling is necessary solely to recharge a battery or other energy storage unit of a hybrid electric vehicle/equipment;

9. Idling is necessary to operate equipment that runs intermittently.

B. Nothing in this chapter allows idling in excess of other applicable laws, including but not limited to:

1. Title 13 Code of Regulations Section 2480—Requirements/restriction of idling near a school.

2. Title 13 Code of Regulations Section 2485—Requirement/restriction of idling.

3. CVC Section 22515—Requirements for leaving a motor vehicle unattended.

4. Any local provision of this code or requirement as stringent as, or more stringent than, this chapter.

(Ord. No. 2023-2520, 4-18-2023)

A. A driver of a commercial motor vehicle shall not practice parallel parking, angled parking, perpendicular parking, or any type of parking, for the purpose of driver instruction, improvement, or education, within one hundred feet of a school.

B. A driver of a commercial motor vehicle shall not practice parallel parking, angled parking, perpendicular parking, or any type of parking, for the purpose of driver instruction, improvement, or education, within one hundred feet of a residential neighborhood.

(Ord. No. 2023-2520, 4-18-2023)

This chapter may be enforced by the local air pollution control or air quality management district, and/or any peace officer as defined in Penal Code Section 830 et seq., and their respective agencies authorized representative(s).

(Ord. No. 2023-2520, 4-18-2023)

Any violation of this chapter for which a penalty is not provided shall be punished according to Chapter 11.12 of this code.

(Ord. No. 2023-2520, 4-18-2023)

The city council declares that the invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision is determined by a court to be invalid, it shall be severed, or if it can be judicially interpreted in a way that would harmonize it with the remaining provisions, then it may be applied as interpreted, so as to give full purpose, meaning and effect to the remaining provisions of this chapter.

(Ord. No. 2023-2520, 4-18-2023)