SPONSOR: |
Sen. McBride & Rep. Longhurst & Rep. M. Smith |
|
Sens.
Hall-Long, Poore, Townsend; Reps. Viola, Baumbach, Jaques, J. Johnson,
Mulrooney, Osienski |
DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
SENATE BILL NO. 135 |
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO LOCOMOTIVE IDLING. |
Section 1. Amend Part IV, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter
85. Locomotive Idling.
§
8501. Purpose.
The
General Assembly finds and determines that the people of this State are
entitled to and should be ensured an environment free from the effects of
non-essential idling of locomotives between 8 p.m. and 7 a.m., as such
non-essential idling degrades the quality of their life, property, and
environment.
§
8502. Definitions.
(1) “Idling” means the operation of the locomotive
while it is stationary.
(2) “Law-enforcement officer” means a sworn member of
a police force or other law-enforcement agency of this State, or of any county
or municipality within this State, who is responsible for the prevention and
detection of crime and the enforcement of the laws of this State, or the laws of
any county or municipality within this State.
(3) “Person” means a company, corporation, association,
firm, partnership, joint venture, or other legal entity. “Person” does not
include individuals.
§
8503. Non-essential idling prohibited; defined.
(a)
No person may permit the non-essential idling of a locomotive under its control
or on its property between 8 p.m. and 7 a.m.
(b)
Idling is non-essential if it is not a result of one or more of the following
circumstances:
(1) Traffic conditions.
(2) The direction of a law-enforcement officer.
(3) The operation of defrosting, heating, or cooling
equipment to ensure the health or safety of the driver or passenger.
(4) The operation of the primary propulsion engine
for essential work-related mechanical or electrical operations other than
propulsion.
(5) Required maintenance, servicing, repairing,
diagnostics, or inspections.
(c)
This section does not apply within the boundaries of property zoned for
industrial activity by the county or municipality having jurisdiction over the
property.
§
8504. Enforcement.
(a)
Any law-enforcement officer in whose jurisdiction the locomotive, or any car
attached to a locomotive, is located may enforce this chapter.
(b)
The Superior Court shall have exclusive jurisdiction over offenses under this
chapter.
§
8505. Penalties.
Any
person who violates this chapter shall be punished by a fine of not less than
$5,000 nor more than $10,000 for the first offense and not less than $10,000
nor more than $20,000 for each subsequent offense.
SYNOPSIS
This Act prohibits non-essential idling of locomotives between 8 p.m. and 7 a.m. |
Author: Senator McBride