Grand Forks, British Columbia Anti-Idling Bylaw

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Type: Bylaw1

Status: Adopted on 9/17/07

Source File: http://www.city.grandforks.bc.ca/PDF/bylaws/1836.pdf

Text:

BYLAW NO. 1836
A Bylaw to Regulate the Idling of Vehicles

WHEREAS pursuant to the Motor Vehicle Act, Council is authorized, by bylaw, to regulate, control, and prohibit the stopping, standing, or parking of vehicles in the municipality;

AND WHEREAS pursuant to the Community Charter, a municipality may, by bylaw, regulate prohibit and impose requirements with respect to the protection and enhancement of the well-being of its community in relation to the emission of smoke, fumes and other effluvia that is liable to foul or contaminate the atmosphere;

NOW THEREFORE, the Council of the Corporation of the City of Grand Forks, in open meeting assembled, ENACTS, as follows:

1. This Bylaw may be cited for all purposes as the "City of Grand Forks Anti-Idling Bylaw."

2. In this bylaw:

a. "Idle" and "Idling" mean the operation of an internal combustion engine of a vehicle while the vehicle is not in motion;
b. "Vehicle" means a rubber-tired or tracked vehicle that is designated to be self-propelled by an internal combustion engine but does not include a motor-assisted cycle or a vehicle operated wholly, or in part, by an electric motor.

3. No person shall cause or permit a Vehicle to Idle for more than three (3) consecutive minutes.

4. Section 3 does not apply to:

a) Vehicles Idling while passengers are embarking or disembarking;
b) Vehicles Idling because of traffic, an emergency, or mechanical difficulties
c) Armoured Vehicles involved in the secure delivery and pick up of goods;
d) Emergency Vehicles, as that term is defined in the Motor Vehicle Act;
e) Vehicles engaged in a parade or a race;
f) Vehicles engaged in a mechanical test or maintenance procedure for which Idling is required;
g) Vehicles that must remain Idling so as to power a heating or a refrigeration system for the preservation of perishable cargo;
h) Vehicles that must remain Idling so as to power any tools or equipment necessary for or incidental to the provision of services by a municipality or a public utility; and
i) Vehicles Idling if the outside temperature is below freezing or above 30 degrees celsius.

5.
5.1 Every person who contravenes any provision of this Bylaw is guilty of an offence under the Offence Act and is liable on summary conviction to a fine of not less than $250.00 and not more than $10,000.

5.2 Each day that a contravention of the provisions of this Bylaw exists or is permitted to exist shall constitute a separate offence.

6. If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the bylaw is deemed valid.

Footnote: 1 - For the sake of consistency, Canadian municipal by-laws are categorized as ordinances as they serve the same purpose as their American counterparts.