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HomeMy WebLinkAbout526 Motor Vehicle Emissions ,. ~ AMBROSE, FITZGERALD & CROOKSTON Allornays and Counselors P,O. Box 427 Meridian, Idaho 83642 TelephOne 888-4461 8 8 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; DEFINITIONS; INSPECTION-MAINTENANCE PROGRAM; DUTIES AND POWERS OF THE AIR QUALITY BOARD; FINANCING; INSPECTION CRITERIA AND COSTS; EMISSIONS INSPECTION STATIONS; EMISSION INSPECTION MECHANICS; ACQUISITION OF PROPERTY AND CERTIFICATES THE PROPERTY OF THE BOARD; FALSIFICATION OF CERTIFICATES; DEMAND OR COLLECTION OF IMPROPER FEE; ENFORCEMENT; PUBLIC INFORMATION; EFFECTIVE DATES; PENALTIES; 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 to approve and adopt provisions to reduce the carbon monoxide air pollution and such to be effective upon approval hereof; WHEREAS, the City had in effect a prior ordinance dealing with this subject matter which lapsed pursuant to a sunset pro vis ion and t his 0 r din a n c e i spa sse d t 0 car r-y 0 nth e provisions of that prior ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 1 " ,- .' AMBROSE, FITZGERALD & CROOKSTON Allorneys and Counsalors P.O- Box 427 Meridian, Idaho 63642 TalephOne 888-4461 8 . COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 6, Title 7 of the Revised and Compiled Ordinances of the City of Meridian is hereby expressly repealed. SECTION 2: That Chapter 6, Title 7 of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and adopted and which shall read as set forth below in Sections 3 through 19 hereinafter set forth. SECTION 3. SHORT TITLE: This Ordinance may be cited as the MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. LEGISLATIVE FINDINGS AND PURPOSE: SECTION 4. A. It is found and declared that exhaust emissions from Motor V e h i c 1 e s are the m a j 0 -r sou r ceo f car bon m 0 n 0 x ide air pollution in Ada County and the City of Meridian and such air pollution is a health hazard in Ada County and the City of Meridian. B. It is further found and declared that an effective system of periodic Motor Vehicle inspection and maintenance and consumer education will reduce the level of vehicular air pollution and provide motorists with objective maintenance information regarding their vehicles. C. It is further found and declared that the federal government has mandated to the several states and local entities the ultimate responsibility for periodic Motor Vehicle inspection and maintenance. Ada County has been designated as a non-attainment area for carbon monoxide and as such is mandated under the Clean Air Act to implement a Motor Vehicle inspection and maintenance program; that the City of Meridian is in Ada County and an integral part thereof. D. The purpose of this Ordinance is to protect the health and welfare of the citizens of Ada County and the City of Meridian, to provide for the control of air pollutant emissions from Motor Vehicles above certain levels as determined by the Board and to require annual inspection of certain Motor Vehicles in order to comply with the Federal Clean Air Act, as amended. It is further found and declared that fuel economy is a legitimate legislative purpose and that an emission control program will result in Motor Vehicle fuel savings for the E. MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 2 . AMBROSE, FITZGERALD & CROOKSTON Allorneys and Counselors P.O, Box 427 Meridian, Idaho 83642 Telephone 888.4461 8 8 residents of Meridian. F. It is further found and declared that the adoption of this Section is pursuant to Section 49-585 (t), Idaho Code; and that this Section is temporary and experimental in nature and is necessary to deal with the special conditions of carbon monoxide pollution in the City of Meridian and Ada County, Idaho. SECTION 5. AIR PROGRAM DEFINITIONS: APPROVED EXHAUST GAS ANALYZER AUTOMOTIVE INSPECTION AND READJUSTMENT (AIR) STATION BOARD The Automotive Inspection and Readjustment Program established by the Air Quality Board in accordance with this Section which implements and operates the annual idle emissions test for 1970 and newer Motor Vehicles under 8500 pounds gross vehicle weight. This action establishes an "idle test" that meets the requirements for "Motor Vehicles; Emission Control System Performance Warranty Short Tests", listed in Section 207 (b) of the Clean Air Act, 42 U.S.C. 7541 (b). A device for sensing the amount of air contaminants, including carbon monoxide in the exhaust emissions of a Motor Vehicle. For the purpose of this Section, this shall mean analyzing devices of the non-dispersive infrared type or any other analyzing devices that provide equal or grater accuracy as approved by the Board. A facility which meets the requirements of the Board and is so equipped as to enable a Motor Vehicle exhaust gas emissions inspection and any necessary adjustments to be performed and which is owned or operated by a person licensed by the Board to operate an emissions inspection station. The Air Quality Board. It shall be an entity created pursuant to the provisions of Title 67, Chapter 23, Idaho Code. The composition and organizatioñ of the Board shall be as set forth in the joint powers agreement executed by the participating public agencies. MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 3 - AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P-O. Box 427 Meridian, Idaho 83642 Talaphona 888.4461 ~"-'. CARBON MONOXIDE CERTIFICATE OF COMPLIANCE EMISSIONS MECHANIC EXHAUST EMISSION EXHAUST EMISSION CONTROL DEVICE JOINT POWERS AGREEMENT MODEL YEAR MOTOR VEHICLE The chemical compound containing one atom of carbon and one atom of oxygen. A sticker that certifies that the Motor Vehicle described therein is in compl iance with the requirements of this Section and the regulations adopted pursuant to this Ordinance. It shall be displayed in a visible area of the lower left front windshield of a Motor Vehicle. It shall be issued on an annual basis to every nonexempt Motor Vehicle complying with inspection in conformity to this Section and the regulations of the Board. An individual licensed in accordance with Board specifications to inspect and adjust Motor Vehicles which are subject to the automotive inspection program. Substances emitted into the atmosphere from any opening downstream of the exhaust port(s) of any Motor Vehicle engine. Equipment designed by the manufacturer for installation on a Motor Vehicle for the purpose of reducing pollutants emitted from the Motor Vehicle, or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the vehicle. That agreement which was entered into pursuant to Chapter 23, Title 67, Idaho Code, between the City of Boise and Ada County on September 12, 1983, and by the City of Meridian on November 5, 1984. Further, any municipality within Ada County which adopts a resolution supporting the requirement of this ordinance shall be deemed to be hcluded. The year designated by the Idaho Department of Transportation Motor Vehicle Certificate of Registration. Any self-propelled, Motor Vehicle with MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 4 AMBROSE, FITZGERALD & CROOKSTON Attorney" and Counsalof9 P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 8 8 the emissions test procedures, air station licensing and operations, AIR mechanics licensing, AIR station Quality Assurance procedures and other criteria necessary for the implementation and operation of the AIR Program, as adopted and amended by the Air Quality Board from time to time. SECTION MERIDIAN MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. TAMPERING Removal or rendering inoperative an exhaust emissions control device including but not limited to a catalytic converter, air injection system or leaded fuel restrictor. TEMPORARY REGISTRATION That Motor Vehicle Registration established under Title 49, Section 434, of the Idaho Code which is valid for thirty (30) days or the seventy-two (72) ho~rs requirement period provided for by the Idaho Transportation Department form MVD-502. SECTION 6. INSPECTION-MAINTENANCE PROGRAM CREATED: A. The Board shall implement a program for the mandatory annual exhaust emissions inspection and maintenance of certain Motor Vehicles for which Ada County is entered or required to be entered upon the registration including all Motor Vehicles owned by government entities and public utilities. Motor Vehicles not using gasoline or gasoline-mixed fuels must be inspected iA accordance with Section 9.D. to verify fuel type and upon such verification no further compliance with this Ordinance shall be required. Motor Vehicles 1,500 pounds or less and 8,500 pounds gross vehicle weight or more must be inspected i~ accordance with Section 9.F. to verify weight and upon such verification no further compliance with this section will be required. B. The Exhaust emissions of each Motor Vehicle shall all of the following: include 1. A measurement of the Motor Vehicles's carbon monoxide emissions using an approved exhaust gas analyzer or other device as approved by the Board to sample Motor MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 6 " AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counselors P.O. Box 427 Meridian, idaho 83642 Telephone 888-4461 8 8 Vehicle's exhaust. 2. A determination, according to test criteria established pursuant to this Section whether the Motor Vehicle1s carbon monoxide emissions meets the test criteria. C. Where applicable an indication to the Motor Vehicle's owner of the probable cause of any malfunction or misadjustment responsible for the Motor Vehicle's failure to comply with the pass-adjust criteria developed pursuant to this Section. Any person whose Motor Vehicle has been inspected at an official emissions inspection station shall, if such Motor Vehicle was not found to comply with the pass-adjust criteria, have the Motor Vehicle repair undertaken at the owner's expense, and have the right within ten (10) calendar days of the initial exhaust emissions inspection, but not thereafter, to return such Motor Vehicle to the same emission inspection station for one re-inspection without charge. 3. D. Subsequent to the .adoption and effective date of this Ordinance, all nonexempt Motor Vehicles shall be required to comply with the inspection requirements of this Section at such time as said Motor Vehicles are required to register or renew registration under Title 49, Idaho Code, or upon the expiration date of any Certificate of Compliance for said Motor Vehicle if different than the registration/renewal date. The Certificate of Compliance expiration date shall, in all cases, determine the compliance date for re-inspection. All nonexempt Motor Vehicles must be inspected annually. Motor Vehicles which are under temporary registration which do not have a current Certificate of Compliance are required to have an emissions test performed within ten (10) calendar days of the expiration of the temporary registration. Motor Vehicles must be re-inspected during the month the Certificate of Compliance expires. The Rules and Regulations shall require the return of a test data form indicating inspection compliance. It shall be prima facie evidence of a violation of this Section if said form is not returned when required or a Certificate of Compliance is not displayed. SECTION 7. DUTIES AND POWERS OF THE BOARD: A. The Board, in accordance with the criteria herein expressed, shall adopt Rules and Regulations as are necessary for the implementation and operation of the AIR Program and amend those Rules and Regulations from time to MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 7 AMBROSE, FITZGERALD & CROOKSTON Auornays and Counsalors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 8 8 time as it deems necessary. Any such amendments must be made at regularly scheduled Air Quality Board meetings with fourteen (14) days public notice of such meetings. The appropriate governmental entities, AIR stations and AIR emissions mechanics shall be notified of such amendments. B. In developing "Rules and Regulations" for the implementation and enforcement of this Section, the Board shall consider the following. 1. The ambient concentrations of carbon monoxide from Motor Vehicles in the City of Meridian and Ada County; The public health interest, including social and economic costs of air pollutants and their control; 2. 3. The requirements of the Federal Clean Air Act, as amended, the emission reduction benefits of the inspection and maintenance program and the Ada County Transportation Control Plan; 4. Technological developments in automotive emission control equipment, repair or testing; 5. Amendments to the Rules and Regulations shall be administrative in nature for the purpose of addressing changes in technology and law and to ensure the proper and efficient implementation and operation of the AIR Program. C. The Board may recommend amendments to the schedule of fees for motor vehicle exhaust emission testing and certificates of compliance. All such fees and any such recommendation shall take into account the generation of revenues which shall be sufficient to meet, but not exceed, the estimated cost of the initiation, operation, administration and enforcement of the AIR Program and the issuance of the appropriate certificates of compliance. Any such recommendation shall be forwarded to each entity participating in the joint powers agreement, together with supporting data, including but not necessarily limited to an accounting of revenues and expenditures, at least thirty (30) days prior to the date contemplated for the implementation of that recommendation. Any such entity shall have the right to review and approve the schedule of fees utilized or proposed by the Board. However, the dollar amount of the fees may be changed only by ordinance upon the mutual agreement of each entity participating in the joint powers agreement. The Board shall also: 1. Authorize the emissions inspection station to receive MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 8 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counseiors P.O- Box 427 Meridian, Idaho 836-42 Telephone 888-4461 D. E. F. 8 8 the Mot 0 r V e h i c 1 e ins p e c t ion fee a 1 10 wed u n d e r t his Section. 2. Require the emissions inspection station to remit to the Board for deposit in the vehicle inspection fund that portion of the Motor Vehicle inspectfon fee to defray the cost of administering and enforcing the provisions of this Section. The Board shall conduct ongoing cost-benefit analyses and other evaluations of the inspection program, including, but not limited to, observed patterns of malfunctions in inspection of Motor Vehicles' exhaust emissions control devices, quantities of reductions in air pollution in Ada County and the City of Meridian subject to the provisions of this Section, and make recommendations to improve the inspection program. The Board shall provide annual written reports on such analyses and evaluations to participating agencies. In order to document the evaluation required in sub-section D. above, the Board shall compi le and maintain records of maintenance and repairs performed pursuant to this Section. A written summary report of such information shall be prepared annually by the Board and made available to the public upon request. In performing its duties and responsibilities, the Board shall ~ave the authority to undertake any action reasonably necessary to the performance of said duties, including but not limited to: 1. The employment and personnel management of necessary staff positions; 2. 3. The execution of necessary contracts and documents; The authorization of expenditures from the Motor Vehicle Inspection Fund; 4. The formulation of regulations necessary to the implementation and administration of the program; 5. 6. Conduct regular meetings; Acquire and dispose of personal property. G. The Board shall formulate and conduct a quality control program. SECTION 8. FINANCING: MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 9 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counsalors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 A. 8 8 There is hereby established a Motor Vehicle emissions Inspection Fund which shall consist of the following: 1. 2. Money appropriated thereto by any local entity; All money remitted by the emissions inspection stations which is collected as fees for emissions inspections; 3. Money received from private grants or donations when so designated by the grantor or donor; Federal or state funds to assist the implementation and administration of the emissions inspection program. 4. B. Moneys in the Motor Vehicle emissions inspection fund may be used in paying costs incurred by the Board in administering any aspect of the emissions inspection program. C. The Board shall appropriate and budget on a fiscal year basis, in accordance with the statutory requirements of the member agencies indicating expenditures to be made in implementation and administration of the Motor Vehicle emissions inspection program established according to this Section. The budget shall include indication of sources of income to be used for such expenditure and justification the magnitude of the inspection fee to be levied according to this Section. SECTION 9. INSPECTION CRITERIA AND COSTS: A. Applicability B. All nonexempt Motor Vehicles must be inspected at an AIR Station ir:l accordance with Subsection 7 of this Section. Nonexempt Motor Vehicles of the model year 1970 and newer registered or required to be registered in Ada County must comply with the yearly Emissions Test and adjustment procedures if the Motor Vehicle exceeds the model year percent carbon monoxide standards. Identification of Motor Vehicles required to comply with the Automotive Inspection & readjustment Program. 1. Motor Vehicles that are required to comply with the Air Program will be identified with an Air Program Certificate of Compliance Sticker in the lower left corner of the front windshield. 2. The Certificate of Compliance sticker will expire one MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 10 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Marldian, Idaho 63642 Talephone 888.4461 C. 8 8 year from the last day of the mont of issuance. Standards 1. Tampering - Motor Vehicles of the model year 1984 and newer are to be inspected for the presence of the catalytic converter, presence of the air injection system and size of the fuel restrictor. Motor Vehicles which have had those systems removed or defaulted are to be denied a Certificate of Compliance until the Motor Vehicle owner restores them to their original or operating condition. The systems are not required to be installed on Motor Vehicles which at the time of production did not have the system installed by the manufacturer. Motor Vehicles emissions must be less than or equal to the following carbon monoxide emission pass-adjust criteria in order for a Certificate of Compliance to be issued without further adjustment or testing. 2. Model year 1970 - 74 1975 -79 1980 1981 - AND NEWER % Carbon 7.0 5.0 3.0 1.0 Monoxide 3. Effective January 1, 1986, Motor Vehicles emissions must be less than or equal to the following carbon monoxide emission pass-adjust criteria in order for a Certificate of Compliance to be issued without further adjustment or testing. Model year 1970 - 74 1975 -79 1980 1981 - AND NEWER % Carbon 5.5 3.5 1.5 1.2 Monoxide The Board may recommend amendments to the pass-adjust criteria as it deems necessary to meet the purpose of this Section. 4. The initial test cost including the three dollars and seventy-five cents ($3.75) compliance sticker charge shall not exceed ten dollars and seventy-five cents ($10.75), therefore the maximum an AIR station may charge for the test alone is seven dollars ($7.00). If a Motor Vehicle exceeds the model year standards during the initial test and the owner elects to utilize the ten (10) day period allowed for independent correction, the charge for that test MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 11 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O- Box 427 Meridian. ideho 83642 Teiephone 688-4461 8 8 5. without the issuance of a sticker shall be nor more than seven dollars ($7.00). When the Motor Vehicle is returned and passes the free retest a Certificate of Compl iance is issued and no more than three dollars and seventy-five cents ($3.75) may be charged. Fees for the adjustment and/or repair required by the Rules and Regulations shall not exceed fifteen (15) dollars for Motor Vehicles of 1970 model year to and including a 1980 model year. The adjustment fees for 1981 and newer shall not exceed thirty (30) dollars. 6. D. Free retest procedures are available for those Motor Vehicle owners whose Motor Vehicle exceed the model year percent carbon monoxide standards. These Motor Vehicles have ten calendar days to have adjustments and/or repairs performed outside of the AIR station. These Motor Vehicle owners must return the Motor Vehicle to the original test site for free retest. If the percent carbon monoxide standards are still exceeded, the licensed AIR station must perform the adjustments and/or repairs required by the Rules and Regulations in order for a Certificate of Compliance to be issued. The cost limits for these adjustments and/or repairs may not exceed fifteen dollars ($15.00) for model years 1970-1980 or thirty dollars ($30.00) for model years 1981 and newer. Verification of Alternate Fuel Types Owners of Motor Vehicles powered solely by a fuel other than gasoline or gasoline mixed fuels, shall be required to take their Motor Vehicles to any licensed emissions testing station for verification of the fuel type by a licensed emissions mechanic. There shall be no cost to the Motor Vehicle owner for verification of an alternate fuel type. Upon such verification, the licensed emissions testing station shall submit the completed data form to the Air Quality Board, in accordance with the Rules and Regulations governing the operation of licensed emissions testing stations. The Motor Vehicle owner's copy of the test data form must be retained in the Motor Vehicle. E. Verification of Out-Of-County Resident Status Motor Vehicle owners who receive a test data form from the Air Quality Board but permanently reside in a county other than Ada County will be exempted from the emission testing requirement upon submission of the owners notarized affidavit to the Air Quality Board that his/her permanent residence and domicile is outside of Ada County, and upon verification of such residency. MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 12 AMBROSE, FITZGERALD & CROOKSTON Allorneys end Counsalors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 8 8 F . Verification of Motor Vehicle Weight Owners of Motor Vehicles weighing 1,500 pounds or less or 8,500 pounds gross vehicle weight or more, shall be required to take their Motor Vehicle to any licensed emissions testing station for verification of weight. There shall be no cost to the Motor Vehicle owner for verification of weight. Upon such verification, the licensed emission testing station shall submit the completed data form to the Air Quality Board, in accordance with the Rules and Regulations governing the operation of licensed emission stations. The Motor Vehicle owners copy of the test data form must be retained in the Motor Vehicle. SECTION 10. A. EMISSIONS INSPECTION STATIONS: Licensing: 1. The Board shall formulate Rules and Regulations providing for the licensing of AIR stations. In developing Rules and Regulations for the licensing of an AIR Station, the Board shall consider criteria including but not limited to the following: 2. a. Possession of an approved exhaust gas analyzer, other tools and equipment and licensed personnel necessary to conduct the required emissions test; and b. Other criteria as deemed necessary by the Board in order to further the public interest and carry out the pur~oses of this Section. 3. The Board shall adopt Rules and Regulations providing for the submission by holders of an AIR Station License of such information as they deem reasonably necessary to carry out the purposes of this Section. 4. 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 AIR Station License of the AIR station permittee if it finds that such station is not operated in accordance with this Section or the Rules and Regulations adopted pursuant to this Section. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations. B. Improper Representation: MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 13 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P-O. Box 427 Meridian, Idaho 83642 Talephone 888-4461 SECTION 11. A. B. 8 8 1. No person shall represent any place to be an AIR Station unless it has been established and is operated under a license issued by the Board. 2. A Certificate of Compliance shall affixed to any Motor Vehicle except established and operating under a the board. Al;l such certificates numbered and shall be accounted for. not be issued or at an AIR Station 1 icense issued by shall be serially EMISSION INSPECTION MECHANICS: Licensing 1. The Board shall adopt Rules and Regulations providing for the licensing of emissions inspection mechanics. 2. In developing Rules and Regulations for the qualifications of a person for an emission inspection mechanic, the Board shall consider criteria including but not limited to the following: a. Successful completion of the Board authorized emission mechanic fifteen (15) hour course or pass the challenge test offered in lieu of the course. b. Other cri teri a as deemed necessary by the Board in order to further the public interest and carry out the purposes of this Section. 3. The Board shall adopt Rules and Regulations providing for the submission by holders of emission mechanics 1 icenses of such information as they deem reasonably necessary to carry out the purposes of this Section. 4. 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 an Air Emission Mechanic's license if the Board finds that such mechanic does not operate in accordance with this Section or the Rules and Regulations adopted pursuant to this Section. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations. Improper Representation: 1. No person shall represent himself or herself as a licensed emissions mechanic unless he or she has obtained a license issued by the Board. MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 14 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 888.4461 8 8 2. A Certificate of Compliance shall not be affixed to any Motor Vehicle except by an emissions mechanic licensed by the Board. All such certificates shall be serially numbered and shall be accounted for. SECTION 12. 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 regulations adopted pursuant hereto provided, however, any acquisition made by the Board shall comply with all statutory requirements imposed upon each participating agency for the purchase or receipt of property. B. Exhaust emission Certificates of Compliance are the property of the Board until such time as they are affixed to properly inspected Motor Vehicles. SECTION 13. FALSIFICATION OF CERTIFICATES: A. No person shall make, issue or display any imitation, counterfeit, or alteration of an official Certificate of Compliance. B. No person shall display upon any nonexempt Motor Vehicle a Certificate of Compliance knowing it to be issued without compliance with this Section. SECTION 14. DEMAND OR COLLECTION OF IMPROPER FEE: No person shall demand or collect a fee for the inspection of a Motor Vehicle, unless authorized by this Ordinance. The fees set forth in the Ordinance may be charged for exempt Motor Vehicles when testing is voluntarily requested by the Motor Vehicle owner. SECTION 15. ENFORCEMENT: Nothing in this Section shall be construed to prevent the Board from requesting utilization of any other enforcement mechanisms granted by law. SECTION 16. PUBLIC INFORMATION: A. The Board shall make known to owners of subject Motor Vehicles the purpose of the vehicle emissions inspection program. A program of meetings, public hearings, mass media coverage, or any other form of communication shall be MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 15 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counaelors P-O- Box 427 Meridian, Idaho 83642 Telephone 888-4461 8 8 prescribed and provided, to orient and educate the public regarding the purpose of the emissions inspection program, as well as to elicit public participation in the development and operation of the inspection program. B. The Board shall prepare public information for the benefit of the owners of Motor Vehicles subject to the provisions of this Section. This information shall explain the inspection program, the owner's responsibilities under the program, and the most common adjustments and repairs likely to be required in order for the owner's Motor Vehicle to pass inspection. It shall make available the locations of stations at which the inspection requirement can be met, scheduling information, and information of the location and availability of mechanics to perform repairs for the inspection program. It shall be made available by the Board to owners of Motor Vehicles subject to the provisions of this Section, free of charge. C. The Board shall conduct a series of orientation seminars to familiarize automobile mechanics and owners of Motor Vehicles subject to provisions of this Section with the standards, procedures and forms to be utilized in the inspection program and, in particular, with maintenance and repair procedures recommended by the Board for performance on Motor Vehicles failing to pass inspection. Such seminars shall be conducted at locations selected on the basis of participant.s convenience of access. SECTION 17. EFFECTIVE DATES: This ordinance shall be rendered null and void on December 31, 1990, unless extended by ordinance passed prior to its expiration. SECTION 18. PENALTIES: Any person who violates any provision of this Section shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined $25.00 for each violation. SECTION 19. JOINT ORDINANCES: The Ada County Commissioners have previously passed 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 will pass, 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 MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 16 ~ AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P_O. Box 427 Meridian, Idaho 63642 Telephone 888-4461 8 8 appropriate and the most efficient and economical means of operating the program and 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. SECTION 20: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is 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 1st day of May, 1990. CITY OF MERIDIAN ATTEST: ~ ~~/" BY: t'\.J P. KlNGŠF RD, A R .~- ( ,/ \. ------~-,,/ MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE Page - 17