**About this resource:**

> EPA is providing this resource solely for informational purposes. The
> agency can not attest to the accuracy, effectiveness, legality or
> usefulness of the information provided, nor does the inclusion or
> reference of such language constitute an endorsement by EPA.

**Document Name:**

> NY Rockland Idling Law

**Organization/Agency Responsible:**

> New York Rockland County

**Contact:** Susan Meyer

> Senior Public Information Specialist
>
> County of Rockland
>
> Department of Planning
>
> 845.364.3445
>
> meyers@co.rockland.ny.us

**Description:** Rockland County Idling Law

> Rockland County, NY, drafted a local law that limits idling to three
> minutes. The legislature approved the law in April 2007 and the draft
> law is now awaiting signature by the Secretary of State for it to
> become law. It will reinforce and supplement the existing limits and
> enforcement guidelines set forth in the county\'s sanitary code.

LOCAL LAW NO. OF 2006

COUNTY OF ROCKLAND

STATE OF NEW YORK

A local law relating to the criminal and civil penalties and signage
regarding the idling of motor vehicles.

 

Be it enacted by the legislature of the county of Rockland as follows:

Section 1. Legislative Intent.

The legislature of the county of Rockland hereby intends to reinforce
and supplement, and to be construed in a manner not inconsistent with,
the sanitary code of the county of Rockland as enacted by the board of
health of the Rockland county health district pursuant to section three
hundred forty seven of the public health law and as from time to time
amended.

Section 2. Operation of motor vehicle; idling of engine restricted.

a\. No person shall cause or permit the engine of a motor vehicle,
except as otherwise permitted by section 12.12.1.2, 12.12.2.1,
12.12.2.2., 12.12.2,3, and 12.12.2.4 of the sanitary code of Rockland
county, to idle for longer than three consecutive minutes when the motor
vehicle is not in motion.

b\. At appropriate locations throughout the county, including but not
limited to locations for which the county receives a substantial number
of complaints of idling motor vehicles, the county shall post signs
relating to prohibited idling that shall comply with the standards set
forth in the manual on uniform traffic control devices and, where
practicable, include the maximum penalty that may be imposed for a
violation of subdivision a.

c\. In any proceeding relating to a violation of the restrictions on
idling it shall not be a defense that a sign required by this section
was absent at the time of the violation.

Section 3. Enforcement: Violations, Criminal Penalties

Any person who violates this law shall be guilty of an offense, namely,
a violation, punishable on conviction for a first offense by a fine not
exceeding two hundred fifty dollars (\$250.00) or by imprisonment for
not exceeding fifteen (15) days, or both; and for a second or subsequent
offense by a fine not exceeding one thousand dollars (\$1000.00) or by
imprisonment for not exceeding fifteen (15) days, or both.

Section 4. Enforcement: Violations, Civil Penalties

a\. Any person who violates this law shall be subject to the imposition
of a civil penalty by the commissioner of health not exceeding one
thousand dollars (\$1000.00) for each single violation of this law.

b\. The penalty provided for by this section may be sued for and
recovered by the commissioner of health in any court of competent
jurisdiction.

c\. Each day or a part of a day on which a violation continues shall
constitute a separate violation.

Section 5. Separability.

If any section, subsection, sentence, clause, phrase or other portion of
this local law is, for any reason, declared unconstitutional or invalid,
in whole or in part, by any court of competent jurisdiction such portion
shall be deemed severable, and such unconstitutionality or invalidity
shall not affect the validity of the remaining portions of this law,
which remaining portions shall continue in full force and effect.

Section 6. Effective date.

This local law shall take effect immediately upon filing in the office
of the secretary of state pursuant to section 27 of the municipal home
rule law.

 

JLW

09/27/05