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HomeMy WebLinkAbout547 Motor Vehicle Control Ii' AMBROSE. FITZGERALD &. CROOKSTON Attorneyl 8IId toun..lC)1'8 P.O. 80.427 Mertdl8ll, Id"'o 83&42 Telephone 888..we1 " . 8 SUMMARY OF ORDINANCE 547 On December 18, 1990, at its regular meeting on 3rd Tuesday of the month, the Meridian City Council passed and approved Ordinance No. 547. which Ordinance repealed Title 7. Chapter 6. of the Revised and Compiled Ordinances of the City of Meridian entitled "MOTOR VEHICLE CONTROL". and re-enacted said Chapter the title of which Ordinance No. 547 reads as follows: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 6. TITLE 7 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND REENACTING SAID CHAPTER 6. TITLE 7 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ADOPTING PROVISIONS FOR REGULATING AND TESTING MOTOR VEHICLE EXHAUST EMISSIONS INCLUDING A SHORT TITLE; LEGISLATIVE FINDINGS AND PURPOSE OF ORDINANCE; DEFINITIONS; CREATION OF AN INSPECTION- MAINTENANCE PROGRAM; DUTIES AND POWERS OF THE BOARD; FINANCING; INSPECTION CRITERIA AND COSTS; ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD; FALSIFICATION OF CERTIFICATES; ENFORCEMENT; PENALTIES; EFFECTIVE DATES; SEVERABILITY; JOINT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of Ordinance No. 547 are as follows: 1. A short title for the Ordinance is "The 1991 Motor Vehicle Emissions Control Ordinance". 2. Legislative findings and a purpose for the Ordinance, which basically is that exhaust emissions are a major source of air pollution. and which air pollution is a health hazard to residents of the City and that the most effective means of reducing the air pollution is to have a motor vehicle inspection program; it is further found that motor vehicle inspections and maintenance will provide better fuel economy. which is a legitimate legislative purpose; it is further found that this Ordinance is authorized under Idaho Code Sections 50-302 and 31- 714. 3. Definitions. the principal of which are "Certificate of Compl i ance". a stic:ker that certifies the motor vehicle is in compliance with the requirements of the Ordinance and the Rules and Regulations adopted under the Or,dinance; "Emissions Inspection Mechanic". an individual licensed under the Ordinance to inspect and adjust motor vehicles; "Exhaust Emissions". substances emitted into the atmosphere from the exhaust of a motor vehicle; "Exhaust Emissions Control Device", equipment on the automobile which reduces pollutants emitted from the motor vehicle; "Exhaust Emissions Inspection". the test performed by an Emissions Inspection Mechanic, which determines whether a vehicle exhaust emissions meet the criteria established in the Ordinance; "Gross Vehicle Weight", the weight S MARY OF ORDINANCE 547 PAGE - 1 - ! AMBROSE, FITZGERALD &. CROOKSTON AttomeY8 8IId Coun..fora P.O. 80.427 Merldl8ll, Id-"o 83842 Telephone 1188-4481 ',0'1""'- 8 8 of a fully fueled empty motor vehicle. plus any additional carrying capacity; "Inspection Period". the month during which a non exempt motor vehicle is scheduled to be inspected; "Motor Vehicle", any self propelled gasoline fueled or gasoline mix fueled motor vehicle with four or more wheels in contact with the ground; "Non-exempt Motor Vehicle". a motor vehicle which is subject to air program testing requirements of this Ordinance; "Pass - ,Adjust Criteria". standards set forth in the Rules and Regulations under this Ordinance, which specify the maximum allowable components in exhaust emissions of a non-exempt motor vehicle. 4. The Ordinance creates an Inspection - Maintenance Program, which includes the creation of an Air Quality Board. and authorizes the Board to design and implement an automotive inspection and readjustment program for mandatory exhaust emissions analysis, inspection and maintenance, and requires the owner of a non-exempt motor vehicle to present the vehicle annually at an inspection station during the inspection period. and states that failure to so present the motor vehicle within the inspection period constitutes prima facie evidence of a violation of the Ordinance. This section requires that the owner of a non-exempt motor vehicle. which passes the inspection. shall display the certification and failure to do so constitutes prima facie evidence of a violation of the Ordina~ce. It also states that a motor vehicle is classed as a non-exempt motor vehicle if all the following exist: a. The primary fuel is gasoline or a gasoline mix. b. The Certificate of Registration has or is required to have "Ada County" entered upon it as the County of residence. c. The gross vehicle weight equals or exceeds 1.500 pounds. d. The model year is 1965 or newer. The Ordinance specifically exempts compliance from the inspection program subject to verification: motorcycles "Idaho Old Timers", farm tractors. motor vehicles for which an alternate fuel type has been established, motor vehicles with a gross vehicle weight less than 1.500 pounds. motor vehicles registered under 49-437 for a period of less than six months. and other motor vehicles exempted under the Rules and Regulations. An exhaust emissions inspection may only be exhaust emissions mechanic. and the inspection measurement. determination or inspection for or a. the carbon monoxide content. b. whether the exhaust emissions meet the pass- adjust criteria. c. the catalytic converter. air injection system and performed by an shall include a of: s MARY OF ORDINANCE 547 PAGE - 2 ~ AMBROSE, FITZGERALD &. CROOKSTON Allomey8 8IId toun,.lore P.O. 80.427 Merldl8ll, Id-"o 83M2 Telephone 888-<W61 . 8 size of fuel restrictor for model newer. d. Where the exhaust emissions adjust criteria, an indication probable causes for the malfunction years 1984 and do not meet pass- to the owner of or misadjustment. The owner is responsible when a non-exempt motor vehicle is found not to comply with the pass-adjust Criteria to have their motor vehicle repaired. and have it reinspected within ten calendar days of the failed exhaust emissions inspection. and the owner is entitled to return the vehicle to the original inspection station to have it reinspected, without charge, within said ten day period. The Ordinance requires payment for the inspection at the time of inspection, except in cases of reinspection the maximum fee which shall be set by the Air Quality Board. An exhaust emissions mechanic who performs an exhaust emissions inspection upon passage shall immediately issue a Certificate of Compliance. which expires on the first day of the next inspection period for that motor vehicle. 5. The:.Ordinance establ ishes the duties and powers of the Board. which shall include holding regular monthly public meetings; adopting rules and regulations for the implementation and operation of the air program, which may only be adopted at a Board Meeting, with a minimum of fourteen days prior public notice of the Board's intent to adopt or amend said regulations. Rules and Regulations shall include, but are not limited to, the following: a. Determining the exempt or non-exempt status of a motor vehicle. b. Setting the pass-adjust Criteria for non-exempt motor vehicles. c. Specifications for emissions analyzers. d. Establishing the fee ceiling to be paid by a non- exempt motor vehicle owner to bring their non-exempt motor vehicle' into compliance with the pass-adjust Criteria. e. Establishing the maximum fee, which may be charged by an inspection station for performing inspections. f. Establishing the processing fee which may be assessed owners of non-exempt motor vehicles who fail to present their motor vehicle for inspection, within the inspection period. g. Procedures for licensing air inspection stations. The Ordinance Authorizes the Board to suspend. revoke. or forfeit an air station license, the Board is authorized to s MARY OF ORDINANCE 547 PAGE - 3 .. .. AMBROSE, FITZGERALD &. CROOKSTON Attorneys 8/ld toun88lore P.O. 80. 427 Meridian, Id-"o 83842 Telephone 888-4461 8 8 suspend. revoke or forfeit an emissions inspection mechanic's license after following required procedures. 6. The Ordinance provides for financing and establishes a motor vehicle emissions inspection fund. 7. It establishes pass-adjust Criteria and costs and states that the Board shall adopt Rules and Regulations for pass-adjust Criteria. which may be amended from time to time. It states that non-exempt motor vehicles 1984 and newer must have a fully operational catalytic converter. air injection system. leaded fuel restricter. and any other components specified by the Board in the Rules and Regulations. and which the owner of the motor vehicle is required to see that the systems are fully operational. It states that the Certificate of Compliance will be issued to each non-exempt motor vehicle which compl ies with the air program. and which certificate must be displayed consistent with the Rules and Regulations adopted by the Board. It also states that blank Certificate of Compliance will be distributed to the air inspection stations. upon payment of the required fee, which fee is to be passed on to the owners of the motor vehicles inspected. It also establishes that the fee charged by an inspection station shall not be greater than the cost of the Certificate of Compliance and the exhaust emission ins p e c t ion, and s tat est hat i fan on - e x em p t mot 0 r v e h i c 1 e doe s not pass the inspection on the first test, he shall pay the air station the cost of the inspection. but not the èost of the Certificate of Compliance, but if the owner brings the vehicle back within ten days to be retested and the vehicle passes the owner shall then pay the additional-cost of the Certificate of Compliance. The Ordinance also states that a Certificate of Compliance shall be issued to a non-exempt motor vehicle only by an emissions ins p e c ti 0 n me c h ani c. a tan ins p e c t ion s tat ion. and may 0 n 1 y be issued to motor vehicles which have been tested with equipment and procedures specified and approved by the Board. It also establishes the pass-adjust Criteria, which are subject to modification but as of passage of the Ordinance are as follows: MODEL YEAR PERCENTAGE OF CARBON MONOXIDE 5.5 3.5 1.5 1965-1974 1975-1979 1980 S MMARY OF ORDINANCE 547 PAGE - 4 .. AMBROSE, FITZGERALD &. CROOKSTON Allomey8 end toun.elo.. . 8 1981 and newer 1.2 8. The Ordinance allows the Board to acquire by purchase. donation, dedication or other lawful means, any special equipment, tools. materials or facilities needed to adequately administer. investigate. or enforce the provisions of the Ordinance or the Rules and"Regulations. 9 . Its tat est hat no' per son s h all w ill f u 1 1 Y m a k e, i s sue, display. sell or possess any imitation. counterfeit or alternation of a Certificate of Compliance and states that no per s on s hall d i s p 1 a y a C e.r t i f i cat e of Com p 1 i an c e k now i n g i t to be issued without compliance of this Ordinance. 10. It deals with enforcement and states that any owner who fails to present a non-exempt motor vehicle for inspection during the inspection period is in violation of the Ordinance. and will be subject to a Board processing fee. and any and all other enforcement mechanisms avai lable through the Idaho Code. this Ordinance and other applicable City Ordinances. and a1TõWs that any enforcement under the predecessor ordinance of this one, is specifically authorized to be continued uninterrupted until completed. 11. It provides for penalties and states in full as follows: "Any person who violates any provision of this Ordinance shall be deemed guil~y of an infraction and. upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b)(Other Infractions). Failure to satisfy judgment as ordered by the Court pursuant to this Ordinance shall be deemed contempt of ~ourt punishable as a misdemeanor pursuant to Idßho Code 18-1801". 12. It states that the effective dates of the Ordinance are January 1. 1991, until December 31. 1995, but it may be extended thereafter at the discretion of the City. 13. It provides severability clause, indicating that any portion of the Ordinance held invalid, the remaining portion shall be upheld. 14. It provides for the City to execute a Joint Powers Agreement, between Ada County Commissioners and the other cities of Ada County for enforcement of this Ordinance and similar ordinances. and authorizes the Mayor and City Clerk to sign a Joint Powers Agreement. 15. The Ordinance is effective upon passage, publication according to law. approval and P.O. 80.427 S MMARY OF ORDINANCE 547 Merldlen, Id"'o 83842 Telephone """1 PAGE - 5 -, ,,- " AMBROSE, FITZGERALD &. CROOKSTON Altomeys 8/ld Cvunll8lOl'8 . 8 The full text of Ordinance Ordinance 547 is available at the Meri~ian City Hall. 33 East Idaho. Meridian, Idaho. and will be promptly provided by the City Clerk to any citizen upon personal request. ATTORNEY'S CERTIFICATE The undersigned. WAYNE G. CROOKSTON, JR.. in his capacity as City Attorney of the City of Meridian. pursuant to Section 50-901A(3) of the Idaho Code. as amended hereby certifies that he has reviewed the above-sTJmmary of Ordinance No. 547, of the City of Meridian. Idaho. and finds the same to be true and complete and provides adequate notice to the publ ic of the provisions of the Ordinance. 7-~ DATED this .27 day of December, 1990. . CITY ATTORNEY CITY OF MERIDIAN .I P.O.80.427 S MMARY OF ORDINANCE 547 Merldlen, Id-"o 113842 Telephone 8B8-4481 PAGE - 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 6, TITLE 7 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND REENACTING SAID CHAPTER 6, TITLE 7 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ADOPTING PROVISIONS FOR REGULATING AND TESTING MOTOR VEHICLE EXHAUST EMISSIONS INCLUDING A SHORT TITLE; LEGISLATIVE FINDINGS AND PURPOSE OF ORDINANCE; DEFINITIONS; CREATION OF AN INSPECTION -MAINTENANCE PROGRAM; DUTIES AND POWERS OF THE BOARD; FINANCING; INSPECTION CRITERIA AND COSTS; ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD; FALSIFICA- TION OF CERTIFICATES; ENFORCEMENT; PENALTIES; EFFECTIVE DATES; SEVERABILITY; JOINT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, air pollution has become a significant problem in Ada County and the City of Meridian; WHEREAS, exhaust emissions from motor vehicles are the major source of carbon monoxide air pollution in Ada County and the City of Meridian and such air pollution is a health hazard in the City of Meridian and Ada County; WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of the City of approve and adopt provisions to reduce the carbon monoxide air pollution and such to effective upon approval hereof; WHEREAS, the City has had in effect prior ordinances dealing with this subject matter one of which lapsed prior to passage of its successor ordinance and the present which is set to elapse December 31, 1990, pursuant to a sunset provision and this ordinance is passed to carry on the provisions of the preceding ordinance such that the air emission control ordinance will continue and the obligation to have vehicles tested and related enforcement continued without interruption, MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE ,%-,, �" -49.1 It is further found and declared that fuel economy is a legitimate legislative purpose and that an efficient emissions control program will result in motor vehicle fuel savings for the residents of Ada County and its cities; It is further found and declared that the city of Meridian/Ada County is duly authorized under Idaho Code IC 50-302 and IC 31-714 to enact and enforce this Ordinance. The purposes of this Ordinance, therefore, are to protect the health and welfare of the citizens of Ada County and its cities, to provide for the control of exhaust emissions from motor vehicles above certain levels as determined by the Air Quality Board and to require annual inspection of certain motor vehicles in order to comply with the Federal Clean Air Act, as amended. 1.3. DEFINITIONS A u t o m o t i v e That program established by the Board in Inspection and accordance with this Ordinance and whose Readjustment (AIR) purpose is to implement the requirements of Program this Ordinance. A u t o m o t i v e A facility licensed in accordance with Board Inspection and specifications and which is so equipped as to Readjustment (AIR) enable an Exhaust Emissions Inspection to be Station performed. Board The Air Quality Board. Carbon Monoxide The chemical compound containing one atom of (CO) carbon and one atom of oxygen. Certificate of A sticker that certifies the Motor Vehicle Compliance described thereon is in compliance with the requirements of this Ordinance and the Rules and Regulations adopted pursuant to this Ordinance. Emissions Inspection An individual licensed in accordance with Board specifications to inspect and adjust Mechanic Motor Vehicles which are subject to the AIR Program. Exhaust Emissions Substances emitted into the atmosphere from any opening downstream of the exhaust port (s) of any Motor Vehicle engine. Exhaust Emissions Equipment designed by the manufacturer for Control Device installation on a Motor Vehicle for the purpose of reducing pollutants emitted from MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 3 1�7w' the Motor Vehicle, or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the Motor Vehicle. Exhaust Emissions That test, performed at an AIR Station by an Inspection Emissions Inspection Mechanic, which determines whether a Motor Vehicle's Exhaust Emissions meet or do not meet applicable Pass -Adjust Criteria. Exhaust Gas Analyzer A device for calculating the proportion of various gases present in the Exhaust Emissions of a Motor Vehicle, specifically including carbon monoxide and any other gases as required by the Board. Gross Vehicle Weight The weight in pounds of a fully -fueled empty Motor Vehicle plus any additional carrying capacity specified by the vehicle manufacturer. Inspection Period The month during which a Non -Exempt Motor Vehicle is scheduled to be presented for an Exhaust Emissions Inspection. Jo i nt Powers That agreement entered into pursuant to the joint Agreement powers provisions of Idaho Code Chapter 23 Title 67, among and between the incorporated cities of Ada County and the County of Ada, which creates the Board. Model Year The year of origin of a Motor Vehicle so designated by that vehicle's Certificate of Registration. Motor Vehicle Any self-propelled gasoline fueled or gasoline -mix fueled Motor Vehicle with four or more wheels in contact with the ground. Motor Vehicle Owner An individual, partnership, firm, public, private, or municipal corporation, association, trust, estate, agency, lessee, Political subdivision of the State of Idaho or the Government of the United States or any other legal entity or their legal represen- tatives, agents or assigns whose name appears as owner of a Motor Vehicle on its Certifi- cate of Registration. MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 4 Non-exempt Motor A Motor Vehicle which is subject to AIR Vehicle Program testing requirements of this ordinance. Pass -adjust Criteria Those standards set forth in the Rules and Regulations adopted by the Board pursuant to this Ordinance which specify the maximum allowable components which may exist in Exhaust Emissions of a Non -Exempt Motor Vehicle. Public Notice A statement of the Board's intent to modify the Rules and Regulations, :including a summary of the proposed modifications, published in at least one newspaper of general circulation within Ada County, posted at the offices of the Air Quality Board, and mailed to participants in the Joint Powers Agreement and AIR Stations. R u l e s a n d Specific written provisions governing the AIR Regulations Program, as adopted and amended by the Board from time to time. Tampering Removal of or rendering wholly or partially inoperative an Exhaust Emissions Control Device, including but not limited to the catalytic converter, air injection system and leaded fuel inlet restrictor. 1.4. CREATION OF AN INSPECTION -MAINTENANCE PROGRAM A. An Air Quality Board is created pursuant to the joint powers provisions of Idaho Code Chapter 23 Title 67 in a Joint Powers Agreement executed by the participating public agencies. The composition and organization of the Board shall be as set forth in the Joint Powers Agreement. B. The Board shall design and implement an Automotive Inspection and Readjustment (AIR) Program for the mandatory Exhaust Emissions analysis, inspection and maintenance of certain Motor Vehicles in accordance with the "idle test" requirements for "Motor Vehicles: Emissions Control System Performance Warranty Short Tests," listed in Section 207(b) Air Act, 42 U.S.C., 7541(b). of the Clean C. The Owner of a Non -Exempt Motor Vehicle is required to present it annually at an AIR Station for an Exhaust Emissions Inspection during an Inspection Period determined by the Board. Failure to do so within the Inspection Period MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 5 constitutes prima facie evidence of a violation of this ordi- nance. Criteria for determining the Inspection Period shall be adopted by the Board and incorporated in the Rules and Regulations. D. The Owner of a Non -Exempt Motor Vehicle which passes an Exhaust Emissions Inspection as provided herein shall display any sticker, certification, or other evidence of a completed inspection in a place and manner specified by the Board in the Rules and Regulations. Failure to do so constitutes prima facie evidence of a violation of this ordinance. E. A Motor Vehicle is classified as a Non -Exempt Motor Vehicle if all of the following are true: 1. The primary fuel is gasoline or a gasoline mix; 2. The Certificate of Registration has or is required to have 'ADA COUNTY' entered upon it as the county of residence pursuant to Idaho Code 49-441; 3. The Gross Vehicle Weight equals or exceeds 1500 pounds; and 4. The Model Year is 1965 or newer. F. The following are hereby specifically exempted from compliance with the AIR Program, subject to verification in a manner specified by the Board and included in the Rules and Regula- tions: I. Motorcycles as defined in Idaho Code 40-101; 2. "Idaho Old Timers" as defined in Idaho Code 49-134; 3. Farm tractors as defined in Idaho Code 49-101; 4. Motor Vehicles for which an alternate fuel type has been established; 5. Motor Vehicles for which a Gross Vehicle Weight of less than 1500 pounds has been verified; 6. Motor Vehicles registered under the pro -rated registra- tion provisions of Idaho Code 49-437 for a period of less than six (6) months; 7. Such other Motor Vehicles as may be exempted by Rules and Regulations adopted by the Board. G. An Exhaust Emissions Inspection may only be performed by an Exhaust Emissions Mechanic at an AIR Station. An Exhaust Emissions Inspection shall include all of the following: 1. A measurement of Exhaust Emissions using an approved Exhaust Gas Analyzer or other device approved by the Board to sample the Motor Vehicle's Exhaust Emissions, specifically including the Carbon Monoxide content of the Exhaust Emissions and any other gases as adopted by the Board to comply with future regulations of the United States Environmental Protection Agency. MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 6 2. A determination as to whether Exhaust Emissions meet the Pass -Adjust Criteria; and 3. A visual. inspection, for Model Years 1984 and newer, of the catalytic converter, air injection system and size of the fuel restr:ictor. 4. Where Exhaust Emissions do not meet the Pass -Adjust Criteria, an indication to a Motor Vehicle Owner of the probable cause(s) of any malfunction or misadjustment responsible for the failure to comply with the Pass - Adjust Criteria. H. It is the responsibility of the Owner of a Non -Exempt Motor Vehicle which was found not to comply with the Pass -Adjust Criteria to have the Motor Vehicle repaired at the Owner's expense and to have it re -inspected within ten (10) calendar days of the failed Exhaust Emissions Inspection. When repairs are necessary, the Owner has the right to return said Motor Vehicle to the same AIR Station for one reinspection without charge provided that not more than ten (10) calendar days have elapsed since the Motor Vehicle's initial Exhaust Emissions Inspection. Repairs may be performed by the AIR Station or by any other mechanic of the Owner's choice. I. Any person who presents a Motor Vehicle for an Exhaust Emissions Inspection shall immediately pay the AIR Station for the inspection, except as provided for re -inspections in Section 1.5.H. In addition, any person whose Motor Vehicle successfully passes the Exhaust Emissions Inspection shall immediately reimburse the AIR Station for a Certificate of Compliance. The maximum allowable fee for an Exhaust Emissions Inspection and the fee for a Certificate of Compliance shall be adopted by the Board as a portion of the Rules and Regulations and made known to the public in whatever manner the Board deems appropriate. J. An Exhaust Emissions Mechanic who performs an Exhaust Emissions Inspection on a Motor Vehicle shall, when the Motor Vehicle is found to comply with the Pass -Adjust Criteria, immediately issue a Certificate of Compliance in accordance with procedures adopted by the Board in the Rules and Regulations. The Certificate of Compliance will expire on the last day of the next Inspection Period for that Motor Vehicle. 1.5. DUTIES AND POWERS OF THE BOARD A. The Board shall conduct regular monthly public meetings at such time as the Board shall determine. B. The Board, in accordance with the criteria expressed herein, shall adopt Rules and Regulations for the implementation and MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 7 � � operation of the AIR Program and amend those Rules and Regula- tions from time to time as it deems necessary. Rules and Regulations and amendments to same may only be adopted at an Air Quality Board meeting with a minimum of fourteen (14) days' Public Notice of the Board's intent to amend the Rules and Regulations. C. Rules and Regulations shall include but not be limited to the following: 1. Procedures for determining the exempt or non-exempt status of any Motor Vehicle and releasing exempt Motor Vehicles from further compliance with the AIR Program; 2. Procedures for establishing the Inspection Period for a Non -Exempt Motor Vehicle; 3. Pass -Adjust Criteria for all Non -Exempt Motor Vehicles; 4. Display and placement of Certificates of Compliance on Non -Exempt Motor Vehicles which have passed an Exhaust Emissions Inspection; 5. Specifications for approved Exhaust Gas Analyzers; 6. The fee ceiling which may be required to be paid by a Non -Exempt Motor Vehicle Owner to bring their Non -Exempt Motor Vehicle into compliance with the Pass -Adjust Criteria (this fee shall be the minimum necessary to accommodate typical repair needs and may be different for different Model Years); 7. The cost of a Certificate of Compliance (this fee shall be the minimum necessary to provide for the on -going operation, administration, maintenance and enforcement of the AIR Program and shall not exceed $3.75 without concurrence of all participating agencies); 8. Procedures for AIR Stations to purchase Certificates of Compliance; 9. The maximum fee which may be charged by an AIR Station for performing an Exhaust Emissions Inspection (this fee shall be the minimum necessary to reimburse the AIR Station for labor costs and reasonably amortize the cost of an Exhaust Gas Analyzer plus a reasonable overhead and return on investment allowance); 10. The processing fee which may be assessed upon Owners of Non -Exempt Motor Vehicles who fail to present their Non - Exempt Motor Vehicle for inspection within the Inspection Period (this fee shall be sufficient to recover costs of processing notices of violation for all Non -Exempt Motor Vehicles which do not comply with the provisions of this Ordinance within the Inspection Period); 11. Procedures governing the licensing of AIR Stations and Emissions Inspection Mechanics and the revocation, or termination of those appropriate; licensesnsionwhen MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 12. Schedules and deadlines for the flow of data, paperwork and information pertaining to Exhaust Emissions Inspec- tions among AIR Stations, Exhaust Emissions Mechanics and the AIR Program staff.; 13. Fee schedules for licensing AIR Stations and Exhaust Emission Mechanics and for testing applicants for Exhaust Emissions Mechanics' licenses; and 14. Audit procedures to insure that all Certificates of Compliance are adequately protected against theft and counterfeiting. D. The Board or its authorized representatives, upon notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of the AIR Station License of any AIR Station permittee if it finds that such station is not operated in accordance with this Ordinance or the Rules and Regulations. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations. E. The Board or its authorized representatives, upon notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of any Emissions Inspection Mechanic's License if the Board finds that such Emissions Inspection Mechanic does not perform tests in accordance with this Ordinance or the Rules and Regulations. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations. F. The Board shall conduct an on -going quality assurance program to determine that all AIR Stations and Exhaust Emission Mechanics perform AIR Program tasks in conformance with the adopted Rules and Regulations. G. The Board shall have the authority to undertake any additional actions reasonably necessary to the operation of the AIR Program, including but not limited to: 1. Employing necessary staff; 2. Executing necessary contracts and documents; 3. Authorizing deposits into and expenditures from the Motor Vehicle Emissions Inspection Fund; 4. Acquiring and disposing of personal property; 5. Operating the AIR Program in accordance with standard fiscal practice; and 6. Providing for an annual audit of both financial and management practices of the AIR Program. MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE _�wl ..Wl 1 . H. The Board shall conduct ongoing evaluations of the AIR Program sufficient to satisfy requirements of the US Environmental Protection Agency and other applicable rules and statutes. I. The Board may make known to Owners of Non -Exempt Motor Vehicles, in whatever manner the Board deems appropriate, the following information about the AIR Program: 1. Purpose of the AIR Program; 2. Owners' responsibilities under the AIR Program; 3. Most common adjustments and repairs likely to be required in order for a Motor Vehicle to successfully pass an Exhaust Emissions Inspection; and 4. Locations of AIR Stations at which an Exhaust Emissions Inspection may be performed. 1.6. FINANCING A. There is hereby established a Motor Vehicle Emissions Inspection Fund which shall consist of the following: 1. Money appropriated thereto by the Board or any local entity; 2. Money remitted by AIR Stations which is collected as fees; 3. Money received by the Board from private grants or donations; 4. Money received by the Board from processing fees assessed to Owners of Non -Exempt Motor Vehicles who do not present their vehicle for an Exhaust Emissions Inspection during the Inspection Period; 5. Federal or state funds received by the Board for the AIR Program; and 6. Any other funds received by the Board from any source. B. Moneys in the Motor Vehicle Emissions Inspection Fund may be used to pay all costs incurred by the Board in administering any aspect of the AIR Program. C. The Board shall appropriate and budget on a fiscal year basis, indicating expenditures to be made in implementing and administering the AIR Program and sources of income to be used for such expenditures. 1.7. INSPECTION CRITERIA AND COSTS A. The Board shall adopt and include in the Rules and Regulations Pass -Adjust Criteria and may amend these criteria from time to time as it deems necessary to meet the purposes and intent of this Ordinance. A Non -Exempt Motor Vehicle's Exhaust Emis- sions must be less than or equal to the approved Pass -Adjust MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 10 Criteria in order for a Certificate of Compliance to be issued without further adjustment or testing. B. Non -Exempt Motor Vehicles of the Model. Year 1.984 and newer must have a fully operational catalytic converter, air injection system, leaded fuel restrictor and any other component(s) specified by the Board in the Rules and Regula- tions. The Owner of a Non -Exempt Motor Vehicle is required to see that these systems are fully operational. An Exhaust Emissions Inspection will not be performed on any vehicle on which one or more of these components have been subject to Tampering. The Owner of any Non -Exempt Motor Vehicle which has been subject to Tampering must bring all components into compliance and have the vehicle inspected within the Inspec- tion Period. C. A Certificate of Compliance will be issued to each Non -Exempt Motor Vehicle which complies with the Air Program. The Certificate will be displayed in a manner consistent with Rules and Regulations adopted by the Board. D. 1. Blank Certificates of Compliance will be distributed to each participating AIR Station upon payment to the AIR Program of a fee adopted and set by the Board; this fee is recovered by the AIR Station when it is transferred to a Non -Exempt Motor Vehicle which has successfully passed an Exhaust Emissions Inspection. The AIR Station may also charge a fee, adopted and set by the Board, to perform the Exhaust Emissions Inspection on a Non -Exempt Motor Vehicle. The maximum total cost to a Motor Vehicle Owner for an Exhaust Emissions Inspection is therefore the sum of the fee for the Certificate of Compliance and the Exhaust Emissions Inspection. 2. If a Non -Exempt Motor Vehicle exceeds the Model Year Pass -Adjust Criteria during the initial test and the Owner elects to utilize the ten (10) day period for independent correction provided for by Section 1.5.F, the charge for the initial test without the issuance of a Certificate of Compliance shall be limited to the fee for the Exhaust Emissions Inspection. When the Motor Vehicle is returned within the ten (10) day period and meets Pass -Adjust criteria or has met the current repair limits, a Certificate of Compliance will be issued and the owner will pay only the fee for the Certificate. E. If Model Year Pass -Adjust Criteria are exceeded upon the initial test of a Non -Exempt Motor Vehicle, the AIR Station may perform the adjustments and/or repairs required by the Rules and Regulations in order for a Certificate of Compliance MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 11 to be issued. If, however, repair costs exceed or are reasonably expected to exceed the Board's currently adopted repair limits, a Certificate of Compliance may be issued without further testing. F. A Certificate of Compliance shall be issued to a Non -Exempt Motor Vehicle only by an Emissions Inspection Mechanic at an AIR Station and may only be issued to Motor Vehicles which have been tested with equipment and procedures specified and approved by the Board. No person shall represent himself or herself as an Emissions Inspection Mechanic unless he or she has a current license issued by the Board. G. No person shall demand or collect a fee for the Exhaust Emissions Inspection of a Non -Exempt Motor Vehicle unless authorized by this Ordinance. H. As of January 1, 1991, the following Pass -Adjust Criteria will be in place, subject to modification as provided in Section 1.8.A: % CARBON MODEL YEAR MONOXIDE 1965-1974 5.5 1975-1979 3.5 1980 1.5 1981 and newer 1.2 1.8. ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD A. The Board may acquire by purchase, donation, dedication, or other lawful means any special equipment, tools, materials or facilities needed to adequately administer, investigate or enforce the provisions of this Ordinance or the Rules and Regulations adopted pursuant hereto provided, however, any acquisition made by the Board shall comply with all statutory requirements imposed upon the County of Ada for the purchase or receipt of property. B. All Certificates of Compliance are the property of the Board until such time as they are issued to properly inspected Motor Vehicles. 1.9. FALSIFICATION OF CERTIFICATES A. No person shall willfully make, issue, display, sell or Possess any imitation, counterfeit, or alteration of a Certificate of Compliance. MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 12 B. No person shall display upon any Non -Exempt Motor Vehicle a Certificate of Compliance knowing it to be issued without compliance with this Ordinance. 1.10. ENFORCEMENT Any Owner who fails to present a Non -Exempt Motor Vehicle for an Exhaust Emissions Inspection during the Inspection Period is in violation of this Ordinance and will be subject to a Board processing fee and any and all other enforcement mechanisms available through Idaho Code, this Ordinance, and other applicable municipal or county ordinances. Nothing in this Ordinance shall be construed to prevent the Board from requesting or utilizing any and all enforcement mechanisms granted by law. Enforcement commenced under the predecessor ordinance of this Chapter is specifically authorized to be continued uninterrupted until completed. 1.11. PENALTIES Any person who violates any provision of this Ordinance shall be deemed guilty of an infraction and, upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b)(Other Infractions). Failure to satisfy judgment as ordered by the Court pursuant to this Ordinance shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code 18- 1801. Enforcement commenced under the predecessor ordinance of this Chapter is specifically authorized to be continued uninterrupted until completed and penalties assessed under the prior ch apter. 1.12. EFFECTIVE DATES This Ordinance shall be effective beginning on January 1, 1991. It shall be rendered null and void on December 311, 1995, but may be extended thereafter at the discretion of participants in the Joint Powers Agreement. 1.13. SEVERABILITY If any Section, sentence, clause, word or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid or unenforceable by any court of competent jurisdiction, such shall not affect the validity and enforceability of the remaining portions of this Ordinance, all of which shall remain in full force and effect. 1.14 JOINT ORDINANCES AND JOINT POWERS AGREEMENT MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 13 The Ada County Commissioners have previously passed, or will subsequent to passage of this Ordinance pass, an ordinance which is the counterpart of this Ordinance for the City of Meridian and is basically identical to this Ordinance; other cities in Ada County may already have passed or such an ordinance; the City of Meridian, by this Ordinance, has agreed that carbon monoxide in the City of Meridian should be reduced and this Ordinance is passed to endeavor to do so; the City finds that the delegation of authority to the Air Quality Board is appropriate and the most efficient and economical means of operating the program of operating a county- wide abatement program of carbon monoxide; that individual municipal enforcement would be duplicate and inefficient government and probably unenforceable since registration of automobiles is a county and state function rather than a city function. A Joint Powers Agreement has been prepared which is incorporated herein as if set forth in full but not attached hereto; that the Agreement is entered into pursuant to the authority granted in Idaho Code, Title 67, Chapter 23, which Agreement among other matters creates the Air Quality Board, states the purpose of the Board, states the composition of the Board, authorizes the Board to adopt by-laws, provides for funding of the Air Quality Program, provides for termination of the Board, provides that every governmental entity in Ada County signing the Agreement agrees to enforce the Air Quality Program; that the Mayor and the City Clerk are hereby authorized to execute the Joint Powers Agreement and the delegations of power, authority, rights and duties made in and by this Ordinance and in the Joint Powers Agreement, are, by this Ordinance authorized and approved. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED This 18th day of December ,1990. MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 14 CITY OF MERIDIAN ATTEST: JACK NIEMANN,, ITY CLERK MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 15