Int. No. 428
By Council Member Holden
A Local Law to amend the administrative code of the city of New York, in relation to idling adjacent to a senior center
Be it enacted by the Council as follows:
Section 1. Subdivision (a) of section 24-163 of the administrative code of the city of New York, as amended by local law number 38 for the year 2015, is amended to read as follows:
(a) No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than three minutes, except as provided in subdivisions (f) and (h) of this section, while parking as defined in section one hundred twenty-nine of the vehicle and traffic law, standing as defined in section one hundred forty-five of the vehicle and traffic law, or stopping as defined in section one hundred forty-seven of the vehicle and traffic law, unless the engine is used to operate a loading, unloading or processing device. When the ambient temperature is in excess of forty degrees Fahrenheit, no person shall cause or permit the engine of a bus as defined in section one hundred four of the vehicle and traffic law to idle while parking, standing, or stopping (as defined above) at any terminal point, whether or not enclosed, along an established route.
§ 2. Section 24-163 of the administrative code of the city of New York is amended by adding a new subdivision (h) to read as follows:
(h) No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than one minute if such motor vehicle is adjacent, as determined by rule, to any senior center, as defined in section 21-201 of this code, while parking, as defined in section 129 of the vehicle and traffic law, standing as defined in section 145 of the vehicle and traffic law, or stopped as defined in section 147 of the vehicle and traffic law, unless the engine is used to operate a loading, unloading or processing device, and provided that idling of an engine of a vehicle used for the transport of senior citizens may be permitted to the extent necessary: (1) for mechanical work; (2) to maintain an appropriate temperature for passenger comfort; or (3) in emergency evacuations where necessary to operate wheelchair lifts. It shall be an affirmative defense that any such senior center was not easily identifiable as a senior center by signage or otherwise at the time a violation of this subdivision occurred.
§ 3. This local law takes effect 120 days after it becomes law.
SS/JJ
LS #9231/Int. No. 1413-2017
LS #129 01/08/2018 10:02AM