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441 Air Pollution~._ ~ 7 4-~ 0 COORT?TNAT~ON-O~`-`F~`~N-~11±rt~NDMEN°T'S=~= 0~7~I~FF`~°~EP~TS':,. "AND -ZOPTI. - - . NG A~PP~C~'FT-0~S= 4.1 All applications yoy county std city amendments to their respective comprehensive plans and amendments and ordinances which apply within the Meridian Area of City Impact shall be sent by the entity considering such amendment to the other entity. A seperate Referral Process, City Resolution Number 90 , County Resolution Number 408 shall be adopted, by resolution, by each entity regarding procedures and time periods for, and the effect of, sending such amendments. 4.2 A11 county applications for Planned Developments, subdivision, rezones, conditional use permits, and private roads within the Meridian Area of City Impact shall be sent to Meridian in accordance with the Referral process cited in Section 4.1 above. - 5.0 RENEGOTIATION- 5.1 In accordance with Idaho Code 67-6526 (d), the Meridian City Council or the Board of Ada County Commissioners may request, in writing, to renegotiate any provision of this ordinance at any time. Within 30 days of recepit of such written request by either party, a meeting between the two jurisdictions shall occur. 5.2 While renegotiation is occuring, all provisions of this ordinance shall remain in effect until this ordinance is amended or a substitute ordinance is adopted by Meridian and Ada County, in accordance with the otice and hearing procedures provided in title 67, Chapter 65_of Idaho ~DE,.or until a e~laratory ~udg~eat from the d3.strict court ~s fixial• Provided however, that this ordinance or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution. 60 SEVERANCE- Should any section, clause or provision of this ordinance be declared inval~.d by a court of competent jurisdict3.an, the same shall not affect the validity of this ordinance as a whole ar any aprt thereof, other than the part so declared to be invalid, each section, clause and provision hereof be~.ng declared severabl®. 7.0 WHEREAS, there is an emergamey therefore, which ®mergency is dAclare to exist, this Oxdix~ance shall take effect sad be in force and effect from and after its passage, approval and publication as required by ].aw. PASSID Hy the City Council and approved by the Mayor of the City of Meridih~ Ada County, Idaho, this 15th day of October, 1984. ATTEST x _ - _.~,- - JAGx N C Y CLERK APPROVID ~ • c~iA~rT p. xrrros~oRD, MAYOR ORDINANCE N0. 44.1 ~~ -.~ AN-ORDINANCE PROVIDING FOR THE CONTROL OF ATR POLLUTANT EMISSIONS- FROM MOTOR VEHICLES A$OVE CERTAIN LEVELS AS DETERMINED $Y THE AIR QUALITY BOARD; REQUIRING ANNUAL INSPECTION OF MOTOR VEHICLES; PROVIDING FOR EXEMPTIONS OF CERTAIN CLASSES OF VEHICLES; REQUIRING INSPECTION FEES; ESTABLISHING 'THE AUTHORITY FOR ISSUING LICENSES FOR EMISSIONS IPJSPECTTON STATIONS;:.PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS FOR THE L'';i1FORCEIvIENT:.OF 'T'HI'S ORDINANCE; AND PROVT'DING PENALTIES FOR THE VIOLATION OF THE ORDINANCE; TO BE EFFECTIVE UPON APPROVAL HEREOF. - WHEREAS, Air Pollution has. b~ecoine a. significant problem in Ada County; WHEREAS, Exhaust emissions Pram motor vehicles are the major source of carbon monoxide air pollution in Ada County and such air pollution is a health hazard in the City of Meridian and Ada County; WHEREAS, the City Council attd the Mayor of the City of Meridian, Idaho, have concluded that it is the best interests of the City to approve and adopt provisions to reduce the carbon ~~s _.~ ._.__ - --- 1 monoxide air pollut~.an and such to be`effective ~upozi approves hereof, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, Section 1 SHORT TITLE: This Ordinance may be cited as the MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. Section 2 LEGISLATIVE FINDINGS AND PURPOSE. A. It is found and declared that exhaust emissions from motor vehicles are the major source of carbon monoxide air pol- l~tion in Ada County and the City of Meridian and such air pollution is a health hazard in Ada County of which the City of Meridian is a part. 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 re- garding 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 far carbon monoxide and as such is mandated under the Clean Air Act to implement a motor vehicle in- spection 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 ca.tizens of Meridian, to provide for the con- tral of air pollutant emissions from motor vehicles above certain levels as determined by thee. AIR QUALITY BOARD and to re- quire,'.annual inspection of certain motor vehicles in order to comply --wit~i. the Federal Clean- Air Act, as amended. E: Tt `is furtYier found and declared that fuel economy is a legiti- mate legislative purpose and that an emission control program will result in motor vehicle fuel savings for the residents of Meridian. F. It is further found and declared that the adoption of this ' Section is pursuant to Section 49-582(t), Idaho Code; and that this Section is temporary and and exper=imental in nature and is necessary to deal with the special conditions`of carbon monoxide air pollution in Ada County. Section 3 DEFINITTONS: AIR PROGRAM--The Automotive Ifispection and Readjustment- Program established lay the .Air ~uality.Board in accordance with this Section which implements and operates the annual idle emissions test for 1970 and newer gas powered motor vehicles under 8,500 grass 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 C~.ean Air Act, 42 U.S.C. 7541;(b~. APPROVED EXHAUST GAS ANALYZER--A device for sensing lthe amount of .:.air contain~nants ;...i:ricluding carbon monoxide in the exhaust emissions of a motor: vehicle. For the purposes. of "this Section, this .shall mean analyzing devices of~'tY~e non-des- - persive infrared type or any other analyzing-c'Yevices that provide equal or grater accuracy as approved by'the Board.. AUTOMOTIVE INSPECTION AND READJUSTMENT (AIR) STATION-~--A facilit which meets the requirements of the Board and is so equipped as to enable a vehicle exhaust gas emissions inspection and any necessary adjustments to be performed and which is owned or operated by a person ~.icensec3 by the Board to operate an emissions inspection station. BOARD--The AIR QUALITY BOARD. It shall be an entity created pursuant to the provisions of Title 67, Chapter 23 of the zdaho Code. The composition and organization of the Board shall be as set forth in the joint powers agreement executed subsequent to this Section by the participating public agencies. CARBON MONOXIDE--the chemical camound containing one atom of carbon and one atom of oxygen. CERTIFICATE OF COMPLIANCE--A sticker containing a certified statement that the ~rehicle described therein is in compliance with the requirements of this Section and the regulations adopted pursuant to this ordinance. It shall. be displayed in a visable area of the lower left front winshield of a motor ~~"- vehicle. It shall be issued on an annual b.asis.to every.non- exempt motor, vehicle complying raitYi inspection in conformity to this section and~the regulations of tb.e Board. EMISSIONS MECHANIC---An individual licensed in accordance with Board specifications to inspect and adjust motor vehicles which are subject to the automobile inspection program. EXHAUST EMISSIONS--Substance emitted into the atmosphere from any apeni.ng downstream of the exhaust port (s) of any motor vehicle engine. EXHAUST EMISSIONS CONTROL DEVICE--Equipment designed by the manufacturer for installation on a motor vehicle far the purpose of reducing pollutants emitted from the motor vehicle, or a system or engine modification of a ~ehi~le~~~zhich e~~s.es, a reduction of pollutants emitted from the vehicle. MODEL YEAR---The year designated by the Idaho Department of `: Transportation Motor Vehicle Certificate of Registreation. MOTOR VEHICLE---Any self-propelled, gasoline fueled or gasoline mixed fueled vehicle with four or more wheels in contact with the ground and weighing more than 1,500 pounds but less than 8,500 pounds. gross vehicle weight, registered in Ada County. For the purposes of this Section, the following motor vehicles shall be exempt from compliance: Motorcycles as defined in Section 49-101, Idaho Code; "Idaho Old Timers" as defined in Section 49-134, Idaho Code; Farm tractors as defined in Section 49-101, Idaho Code; Vehicles with a model year prior ~o and including 1969; Such other types of motor vehicles as may be exempted by rules and regulations adopted pursuant to this section.. MOTOR VEHICLE OWNER--A person whose name appears as owner on the Motor Vehicle Certificate of Registration. All owners shall be .subject to the enforcement and penalties of this Section far noncompliance with the motor vehicle requirements of this Section. . PASS-FAIL CRITERIA--Those=standards set firth in regulations adopted pursuant to phis ordinance which specify the maximum allowable motor vehicle exhaust emissions which may be-:emitte_d into the atmosphere from any. opening downstream of the exhaust port (s) of any motor vehicle engine. PERSON--Any individual, partnership;--firm, public, private,- -- or municipal corporation, association, trust, estate, agency, political subdivision of the State of Idaho or any oth:er_=legal ..._ entity or their legal representatives,. agents ar assigns. - SECTION--MERIDIAN MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. TAMPERING--Removal or rendering inoperative'ari exhaust emissions control deuice including but not limited to a catalytic converter, air injec-t ion system or leaded fuel - restrictor. - RULES AND REGULATIONS--Specific written provisions governing the emissions test procedures, air station licensing. anal .operations, AIR station:~audit 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 4 ,INSPECTION-MAINTENANCE PROGRAM CREATED:: A. The board implement a prigr-am for the mandatory annual exhaust emissio~a.s.inspection and-~aintenenace of certain motor vehicles re= gistered or required to be registered in Ada County including all = r~otor_vehicles owned by .government.:entities and public utilities._ B. The exhaust emissions inspection of each motor vehicle shall include all of the following: 1 8 Q~ 1. A measurment of the vehicleTs carbon monoxide emissions using an approved exhaust gas analyzer or other device. as approved by the Board to sample. tk~e. veh.ic.les exhaust, 2. A determination, according to test criteria established pursuant to this Section as to whether the vehicle's carbon monoxide emissions meets the test criteria, 3. Where applicable, an indication to the vehicle's owner of the probable cause of any malfunction or rnisadjustment responsible for the vehicle's failure to comply with the pass-fail criteria developed pursuant to this Section. C. Any person whose vehicle has been inspected at an official emissions :-inspection station shall; if 'such vehicle wasp not fou~hd to comply with the pass-fail criteria, have the vehicle repair undertaken at the own- ers expense, and have the right within ten(10) calendar days of the initial exhaust emissions inspection, but not thereafter, to return such vehicle to the same emissions inspection station for one reinspection without charge, D. Subsequent to the adoption and effective date of this Ordinance, all nonexempt motor vehicles shall. be required to comply with the ins spection requirements of th~:s Section at such time as said motor vehicles are required to register or renew registration under Title 49 of the Idaho Code or upon the expiration date of any certificate of compliance for said motor vehicle if different than the registration/renewal date. Teh certificate of compliance expiration date shall, in all cases, det- ermine the compliance date for reinspection. All nonexempt motor ve- hicles must be inspected annually, Motor vehicles which are under temporary registration which do not have a current certificate of com- pliance are required to have an emissions test performed with in ten (10) calendar day's of the expiration. of the temporary regrisbration. (Temporary registration is valid for 3 working days.) Motor vehicles must be reinspected during the month the certificate of compliance expires. Teh Rules and Regulations shall require the return of a test data form indicating inspection compliance. It shall be prima facie evidence of a voilation of this Section if said form is not returned when required or a certificate of compliance is not displayed. Section 5 DUTIES AND POWERS OF THE BOARD: A•"' The Board, in accordance with the criteria herein expressedy rhall ddopt Rules and Regulat3,ans as are necessary for the implementation and pperation of the AxR Program and amend thane Rules ~ Regulations from time to time as it deems necessary. Any such amendments must be made at regularly scheduled Air Quality Board meetings with fourteen (1,4) days public notice of such meetings. 7$e- appropriate governmental entities, ATR statiaas and AIR emissions mechanics shall be notified og such amendments. $~ In developing "Rules and Regu.lations~ for the implem®ntation and enforcement of this sections the Board shat.]. apply the following standardsa: 1. The ambient concentrations of carbon mono~dde from motor vehicles in the City of heridian and Aria County; 2. The public health interests inct,uding social and economic posts of air poll^ tents and their control;; 3. Th® requirements of the Federal Clean Air Act, as amended the emission reduction benefits of the inspection and maintenance program and the Ada County Pl.a~; 4w Technological developmentsc:in automotive emission cant:~ol equpiment~ repair ar testing; Z. Amendments to the Rules and Regulations shall be administrative in nature for the purpose of addaessing changes in techaalogy ernd law and to ensure the proper and efficiexxt implementation and operation of the AIR Program.. C. The board may recommend amend~-ents to the schedule of fees for certificates of compliance, which shall be sufficient to meet,, b-at dball not exceeds the ester imated cost of the initiatian~ operation and enforcement of the program of inspection of ~aotor vehicles„ the issuancevof appropriate certificates of compliance and all costs incurred in administrating the AIR Program. The Board shall slsaz 1. Authorize the emissions inspection station to receive'-~bhe .:~_r~l vehicle inspection fee allowed under this Section. 2. Require the emissions inspection station to remit to the Board for deposit in-the vehicle inspection fund, established pursuant to sub-section 6A Ordinance, that portion of the vehicle inspection fee to defray the cost of administering 'and enforcing the provisions of this Section. D. 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 inspectior~~. 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 evalua- tions. E. In order to document the evaluation required in sub-section D- abave, the Board shall compile 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. F. In performing its duties and responsibilities, the Board shall have the authority to undertake any action reasonably necessary to the performance of said duties, including but nor limited ta: 1. The employment and personnel management of necessary staff" position; 2. The execution of necessary contracts and documents; 3. The authorizata.on of expenditures from the Motor Vehicle Inspection Fund; 4. The formulation of regulations necessary to the implemen- tation and administration of the program; 5. Conduct regular meetings; .~ 6. Acquire and dispose of personal property. G. The Board shall formulate and conduct a quality control program, Section 6 FINANCING A. There is hereby established a Motor Vehicle Emissions Inspection Fund which shall consist of the fallowing: 1. Money appropriated thereto by any local enity; 2. All money remitted by the emissions inspection stations which are collected as fees for emissions inspection; 3. Money received from private grants ar donations when so designated by the grantor and donor; 4. Federal or state funds to assist the implementation and administration of the emissions inspection program; •_•u~ 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 t~rith the statutory requirements of the member agencies indicating wxpenditures 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 for the magnitude of the inspection fee to be levied according to this Section. Section 7 INSPECTION CRITERIA AND COSTS-- A. Applicability--All nonexempt motor vehicles must be inspected at an AIR Station in accordance with Section 4 of this Ordinance. Nonexempt motor vehicles of the model year 1970 and newer registered or required to be registered in Ada County by residents of Meridian must comply with the ~' 1 8 g yearly Emissions Test and Adjustments procedures if the vehicle exceeds the model year percent CO standards. S. 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 iridentified with an Air Program-Certificate of Compliance Sticker a~n the lower left corner of the front windshield. 2. The Certificate of Compliance sticker will be on the same color as the license plate registration sticker. 3. The=Certificate of Compliance:stickex wa.11 expire. one year from the last day of the month of issuance. C. Standards 1. Tampering--Motor vehicles of the model years 1984 and newer are to be inspected for the presence of the catalytic converter; presence of the air pump 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.tYiem to their original or operating condition. The systems are not required to be installed an motor vehicles which at the time of production did=not have the system installed by the manufacturer. 2. Motor vehicles emissions must be less than or equal to the following carbon monoxide emission pass-fail criteria in order far a Certificate of Compliance to be issued without further adjustment or testing. Model Year %Carbon Monoxide 1970-7~ 7.0 1975-79 5.0 1980 3.0 1981-AND NEWER l.2 The Soard may recommend amendments to the pass-fail criteria as it deems necessary to meet the purpose of this Section. 3. The initial test cost including the $3.00 compliance •s.ti.cker..-. charge shall not exceed $10.00, therefore the maximum an AIR station may charge for the test alone is $7.00. If a vehicle fails the initial test and elects to utilize the 10 day period allowed for independent correction, the charge for that test without the issuance of a sticker shall be no mare than $7.00. r.... .:..:When the motor vehicle is returned and passes the free retest a Certificate of Compliance is issued and no more than $3.00 may be charged. 4. 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. 5. Free retest procedures are available far those motor vehicle owners whose motor vehicle exceed the model year percent CO standard. 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 CO 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 far 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. ,. Section 8 EMISSIONS INSPECTION STATIONS: A. Licensing: 1. The Board shall formulate Rules and Regulations providing for the licensing of AIR stations. 2, In developing Rules and Regulations for the licensing of an ~~~ AIR station, the Board shall consider criteria including but not limited to the following: 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 purposes 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, .upon notice and an opportunity for a hearing, .may revoke and 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 Board shall notify the licensee in writing of the date, Time and place of the hearing and the. grounds for revocation at least ten (10) days prior to the scheduled date of the hearing. At the hearing, the Licensee may present. evidence; call witnesses and be represented by counse. Within ten (10) days after the hearing the Board shall notify the licensee in writing of its decision and. shall specify the findings forming the basis~of. the decision. Upon revocation of an AIR station license, the licensee shall return to the Board all Certificates of Compliance issued to the licensee. B. Improper Representation: 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 not be issued or affixed to any motor vehicle except at an AIR Station established and operating under a license issued.by the Board. All such certificates shall be serially numbered and shall be accounted for. Section 9 EMISSION INSPECTION MECHANICS: A. 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 far an emission inspection mechanic, the Board shall consider criteria including but not limited to the following: a. Sucessful completion of the Board authorized emission mechanic fifteen (15) hour course or pass the. challenge test offered in leeu of the course. b. Other criteria 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 licenses of such information as they deem reasonably necessary to carry out the purposes of this Section. 4. The Board, upon notice and an opportunity far a hearing, may revoke and require the surrender .and forfeiture of any Air Emission Mechanics 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 Board shall notify the. licensee in writing of the date, time and place of the hearing and the grounds for revocation at least ten (10) days prior to the scheduled date of the hearing.. At the hearing, .the licensee may present evidence, call witnesses and be represented by counse. Within ten (10) days after the hearing the Board shall notify the licensee in writing of its decision and shall specify the findings forming the basis of the decision. 8 4~ B. Improper Representation: 1. No person shall represent himself or herself as a li.cens.ed emissions mechanic unless he or she has obtained a license issued by the Board. 2. A Certificate of Compliance shall not be affixed to any vehicle except by an emissions mechanic licensed by the Board. All such certificates shall be serially numbered and shall be accounted for. Section 10 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 make by~the Board shall comply with all statutory requirements imposed upon each participating agency far the purchase ar 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 11 FALSIFICATION OF CERTIFICATES: A. No person shall make, issue or display any imitation, counterfeit, ar 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 issue d. without compliance with this Secti Section 12 DEMAND OR COLLECTION OF IMPROPER FEE--No person shall demand or coolect'a fee for the inspection of a vehicle other than what is stated in this Section. Section 13 ENFORCEMENT--Nothing in this Section shall be constructed _ to prevent the Board from requesting utilization of any other enforcement mechanisms granted by law. Section 14 PUBLIC INFORMATION: A. Thy Board shall make known to owners of the subject vehicles the purpose of the vehicle emissions inspection programs. A program of meetings, public hearings, mass media coverage, or any other form of communication shall be 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 operatian.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 vehicle to pass inspection. It shall further provide the locations of stagy.. tions at which the inspection requirements can be met, scheduling info~- motion, and information of the location program. It shall be dis- tributed by the Board to owners of motor vehicles subject to the pro-. visions of this Section, freee of charge at the time at which they are officially informed of the inspection requirement. C. The Board shall conduct a series of orientation seminars to familiarize automobile mechanics and owners of motor vehicles subject to the provisions of this Section with the standards, procedures and forms to be utilized in the inspection program and, by the Board for performance on vehicles failing to pass inspection. Such seminars shall be canducted:at locations selected on the oasis of participants' convenience of access. Section 15 EFFECTIVE DATES--This Ordinance shall be rendered null and void 3 years from August 1, 1984, unless extended by Ordinance. Section 16 PENALTIES--Any person who violates any provision of this -~ Section shall be deemed quilty of an infraction and, upon conviction thereof, shall be fined $25.00 for each violation. Section 17 JOINT ORDINANCES--The Ada County Commissioners have pre- viously 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 ~d have passed or will pass, such an Ordiaaace; the Cityy of Meridian, by this Ordinance, has agreed that carbon monoxide a.n the City of Meridian should:be_.reduced;and this.Ofdinance is passed~to endeavor to do so; the City Quality Baord is 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 unenforcable since resgistration of an automobile is a county state function rather than a City function. Section 18 WHEREAS, there is an emergancy therefore, which emergancy is declared to exist, this Ordinance shall take effect from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Nayor of the City of Meidian.,.Ada County, Idaho, this 5TH day of NOVEMBE}~, 1984. APPROVED:. _ . KIN SF RD ATTF.4T ._. - ORDINANCE. 442 UPLAND INDUSTRIES-JOHNSON ANNEXATION AN ORDINANCE ANNEXING AND zONING CERTAIN REAL PROPERTY WHICH IS DE S- CRIBED AS THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF TAE NORTH- WEST QUARTER SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: UPLAND INDUSTRIES-JOHNSON ANNEXATION The Nothwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 9, Township 3 North, Range 1 East, Soise- meridian, Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND, CITY COUNCIL OF THE CITY IF MERIIDAN, ADA COUNTY, IDAHO: Section 1: That the above described and referenced real property is hereby annexed to the City of Meridian, and shall be zoned as follows: Light Industrial-(I=L). - - Section 2: That the City Clerk shall couse one (1) copy of the.. _ legal description and map which shall plainly and clearly des- ignate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax ,W~ _ Commission within (10) days fallowing the effective date of this - Ordinanc~e , Section 3: This Ordinance shall be in full force and effect from and after its passage, approval and, publication as required by law. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this 5th day of NOVEMBER ,_1.9$4. APPROVED: ATTEST : =~ - YOR ~`~~~--- ORDINANCE NO. _yYJ AN ORDINANCE PROVIDING FOR THE CONTROL OF AIR POLLUTANT EMISSIONS FROM MOTOR VEHICLES ABOVE CERTAIN LEVELS AS DETER71INED BY THE AI'? QUALITY BOAPD; REQUIRING ANNUAL INSPECTION OF MOTOR VEHICLES; PROVIDING FOR EXEMPTIONS OF CERTAIN CLASSES OF VEHICLES; REQUIRING INSPECTION FEES; ESTABLISHIN (THE AUTHORITY FOR ISSUING LICENSES FOR EMISSIONS INSPECTION STATIONS; PROVIDING FOR THE PROMULGATION OF RULES .AND REGULATIONS FOR THE ENFORCEMENT OF THIS ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION OF THE ORDINANCE, TO BE EFFECTIVE UPON APPROVAL HEREOF. WHEREAS, Air Pollution has become a significant problem in Ada County; WHEREAS, Exhaust emissions from motor vehicles are the major source of carbon monoxide air pollution in Ada County 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 Meridain, Idaho, have concluded that it is the best interests of the City to approve and adopt provisions to reduce the carbon. monoxide air pollution and such to be effective upon approval hereof, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY Or MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, Section 1 SHORT TITLE: This Ordinance may be cited as the MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. Section 2 LEGISLATIVE F INDIN 7S AND PURPOSE. A. It is found and declared that exhaust emissions from motor AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888401 v v/ vehicles are the major source of carbon monoxide air pol- lution in Ada County and the City of Meridian and such air pollution is a health hazard in Ada County of which the City of Peridian is a part. 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 re- garding 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 in- spection and maintenance program; that the City of P4.eridian 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 Meridian, to provide for the con- trol of air pollutant emissions from motor vehicles alcove certain levels as determined by the AIR QUALITY BOAPD and to re- quire annual inspection of certain motor vehicles in order to comply with the Federal Clean Air Act, as amended, E. It is further found and declared that fuel economy is a legiti mate legislative purpose and that an emission control program will result in motor vehicle fuel savings for the residents of Meridian. F. It is further found and declared that the adoption of this Section is pursuant to Section 49-582(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 air pollution in Ada County, Section 3 DEFINITIONS: AIR PROCRAP7--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 gas powered motor vehicles under 8500 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 (h) of the Clean Air Act, 42 U.S.C. 7541(b). AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 APPROVED E_�HAUST GAS ANALYZER --A device for sensing the amount of air contaminants, including carbon monoxide in the exhaust emissions of a motor vehicle. For the purposes of this Section, this shall mean analyzing devices of the non -dispersive infrared type or any other analyzing devices that provide equal or greater accuracy as approved by the Board. AUTOMOTIVE INSPECTION AND READJUSTMENT (AIR) STATION -- A facility which meets the requirements of the Board and is so equipped as to enable a 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 inspectio station. BOARD --The Air Quality Board.. It shall be an entity created pursuant to the provisions of Title 67, Chapter 23 of the Idaho Code. The composition and organization of. the Board shall be as set forth in the joint powers aareement executed subsequent to this Section by the participating public agencies. CARBON MONOXIDE -•-The chemical compound containing one atom of carbon and one atom of oxygen. CERTIFICATE OF COMPLIANCE --A sticker containing a certified statement that the vehicle described therein is in compliance 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 ve'zicle. 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. EMISSIONS MECHANIC --An individual licensed in accord- ance with Board specifications to inspect and adust motor vehicles with are subject to the authomobile inspection program. E`�HAUST EMISSIONS --Substance emitted into the atmos- pne-e -From any opening downstream of the exhaust port of any motor vehicle engine. EXHAUST EMISSIONS CONTROL DEVICE --Equipment designed by the manufacturer for installation on a motor vehicl for the purpose of reducing pollutants emitted from the motor vehicle, or a system or engine modification AMBROSE, of a vehicle which causes a reduction of pollutants FITZGERALD &CROOKSTON emitted from the vehicle. STO Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone8884481 MODEL YEAR --The year designated by the Idaho Department of Transportation Motor Vehicle Certificate of Registration. MOTOR VEHICLE --Any self-propelled, gasoline fueled or gasoline mixed fueled vehicle with four or more wheels in contact with the ground and weighing more than 1,500 pounds but less than 8,500 pounds gross vehicle weight, registered or required to be registered in Ada County. For the purposes of this Section, the follow- ing motor vehicles shall be exempt from compliance. Motorcycles as defined in Section 49-101, Idaho Code; "Idaho Old Timers" as defined in Section 49-134, Idaho Code; Farm tractors as defined in Section 49-101, Idaho Code; Vehicles with a model year prior to and including 1969; Such other types of motor vehicles as may be exempted by rules and regulations adopted pursuant to this Section. MOTOR VEHICLE 017NER--A person whose name appears as owner on the Motor Vehicle Certificate of Registration. All owners shall be subject to the enforcement and penalties of this Section for noncompliance with the motor vehicle requirements of this Section. PASS -FAIL CRITERIA --Those standards set forth in regulations adopted pursuant to this ordinance which specify the maximum allowable motor vehicle exhaust emissions which may be emitted into the atmoshpere f any opening downstream of the exhaust port(s) of any motor vehicle engine. PERSON --Any individual, partnership, firm, public, private, or municipal corporation, association, trust, estate, agency, political subdivision of the State of Idaho or any other legal entity or their legal rep- resentatives, agents or assigns. SECTION --MERIDIAN MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. TAMPERING --Removal or rendering inoperative an exhaust emissions control device including but not limited AMBROSE, to a catalytic converter, air injection system or. FITZGERALD &CROOKSTON leaded fuel restrictor. Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone888-4461 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone888.4461 RULES AND REGULATIONS --Specific written provisions governing the emissions test procedures, air station licensing and operations, AIR mechanics licensing, AIR station audit procedures and other criteria neces- sary for the implementation and operation of the AIR Program, as adopted and amended by the Air Quality Board from time to time. Section 4 INSPECTION -MAINTENANCE PROGRANI CREATED: A. The Board shall implement a program for the mandatory annual exhaust emissions inspection and maintenance of certain motor vehicles registered or required to be registered in Ada County including all motor vehicles owned by government entities and public utilities. B. The exhaust emissions inspection of each motor vehicle shall include all of the following: 1. A measurement of the vehicle's carbon monoxide emissions using an approved exhaust gas analyzer or other device as approved by the Board to sample the vehicle's exhaust. 2. A determination, according to test criteria established pursuant to this Section as to whether the vehicle's carbon monoxide emissions meets the test criteria. 3. Where applicable, an indication to the vehicle's owner of the probable cause of any malfunction or misadjustment responsible for the vehicle's failure to comply with the pass -fail criteria developed pursuant to this Section. C. Any person whose vehicle has been inspected at an official emissions inspection station shall, if such vehicle was not found to comply with the pass -fail criteria, have the 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 vehicle to the same emissions inspection station for one reinspection without charge. D. Subsequent to the adoption and effective date of this Or- dinance, 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 registratio under Title 4.9 of the Idaho Code or upon the expiration date of any cerfificate of compliance for said motor vehicle if different than the registration/renewal date. The certificate of compliant expiration date shall, in all cases, determine the compliance date for reinspection. 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. (Temporary registration is valid for 3 working days.) r,Zotor vehicles must be reinspected during the month the certificate of compliance expires. The Rules and Regulltions 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 5 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 im- plementation and operation of the AIR Program and amend those Rules and Regulations from time to 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 statio and AIR emissions mechanics shall be notified of such amendments. B. In developincr "Rules and Regulations" for the implementation and enforcement of this Section, the Board shall apply the fol- lowing standards: 1. The ambient concentrations of carbon monoxide from motor vehicles in the City of Meridian and Ada County; 2. The public health interest, including social and economic costs of air pollutants and their control; 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 ad- ministrative in nature for the purpose of addressing changes in technology and law and to ensure the proper and efficient implementation and operation of the AIP Program, C. The Board may recommend amendments to the schedule of fees for certificates of compliance, which shall be sufficient to meet, but shall not exceed, the estimated cost of the initiation, operation and enforcement of the program of inspection of motor AMBROSE, FITZGERALD vehicles, the issuance of appropriate certificates of compliance, &CROOKSTON STO and all costs incurred In administering the AIR Program, The Board shall also: Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4481 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 88"481 1. Authorize the emissions inspection station to receive the vehicle inspection fee allowed under this Section. 2. Require the emissions inspection station to remit to the Board for deposit in the vehicle inspection fund, established pursuant to sub -section 6A. Ordinance, that portion of the vehicle inspection fee to defray the cost of administering and enforcing_ the provisions of this Section, D. 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 vehicle's 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 evalua- tions. E. In order to document the evlauation required in sub -section D- above, the Board shall compile 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. F. In performing its duties and responsibilities, the Board shall have 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. The execution of necessary contracts and documents; 3. The authorization of expenditures from the Plotor Vehicle Inspection Fund; 4. The formulation of regulations necessary to the implemen- tation and administration of the program; 5. Conduct regular meetings; 6. Acquire and dispose of personal property. G. The Board shall formulate and conduct a quality control program. Section 6 FINANCING A. There is hereby established a Plotor Vehicle Emissions Inspec- tion Fund which shall consist of the following: 1. Money appropriated thereto by any local enity; 2. All money remitted by the emissions inspection stations, which are collected as fees for emissions inspections; 3, money received from private grants or donations when so designated by the grantor and donor; 4. Federal or state funds to assist the implementation and administration of the emissions inspection program; B. Moneys in the motor vehicle emissions inspection fund may be used in paying costs incurred by the Board in administer.inq 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 for the magnitude of the inspection fee to be levied according to this Section. Section 7 I14SPECTION CP,ITERIA AND COSTS -- A. Applicability --All nonexempt motor vehicles must be inspected at an AIR Station in accordance with Section 4 of this Ordinance. Nonexempt motor vehicles of the model year 1970 and newer regis- tered or required to be registered in Ada County by residents of }Meridian must comply with the yearly Emissions Test and Adjust- ments procedures if the vehilce exceeds the model year percent CO standards. B. 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 indentified with an Air Program Certifi- cate of Compliance Sticker in the lower left corner of the front windshield. 2. The Cerfificate of Compliance sticker will be on the same color as the lisense plate registration sticker. 3, The Certificate of Compliance sticker will expire one year from the last day of the month of issuance. AMBROSE, C. Standards FITZGERALD &CROOKSTON 1. Tampering --Motor vehicles of the model years 193d and Attorneys and newer are to be inspected for the presence of the Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 88"481 catalytic converter, presence of the air pump and size of the fuel restrictor. Motor vehicles which have had those systems removed or defaulted are to be denied a Certif- icate of Compliance until the motor vehicle owner restores them to their original or operating condition. The system are not required to be installed on motor vehicles which at the time of production did not have the system instal- led by the namufactur_er. 2. Motor vehicles emissions must be less than or equal to the following carbon monoxide emission pass -fail criteria in order for a Certificate of Compliance to be issued without further adjustment or testing. Model Year %Carbon Monoxide 1970-74 7.0 1975-79 5.0 1980 3.0 19 81-AND NEUTER 1.2 The Board may recommend amendments to the pass -fail criteria as it deems necessary to meet the purpose of this Section, 3. The initial test cost including the $3.00 compliance sticker charge shall not exceed $10.00, therefore the maximum an AIR station may charge for the test alone is $7.00. If a vehicle fails the initial test and elects to utilize the 10 day period allowed for independent cor- rection, the charge for that test without the issuance of a sticker shall be no more than $7.00. When the motor vehicle is returned and passes the free retest a Certificate of. Compliance is issued and no more than $3.00 may be charged. 4. 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. 5. Free retest procedures are available for those motor vehicle owners whose motor vehicle exceed the model year percent CO standards. These motor vehicles have ten cal- endar days to have adjustments and/or repairs performed outside of the AIR station. These motor vehicle owners AMBROSE, must return the motor vehicle to the original test site FITZGERALD for free retest. If the percent CO standards are still ERA� &CROOKSTON exceeded, the licensed AIR station must perform the Attorneys and adjustments and/or repairs required by the Rules and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 666-4461 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone888-4461 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. Section 8 EMISSIONS INSPECTION STATIONS: A. Licensing: 1, The Board shall formulate Rules and Regulations providing for the licensing of AIR stations, 2. In developing Rules and Regulations for the licensing of an AIR Station, the Board shall consider criteria includ-- ing but not limited to the following: 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 purposes 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, upon notice and an opportunity for a hearing, may revoke and 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 Board shall notify the licensee in writing of the date, time and place of the hearing and the grounds for revocation at least ten (10) days prior to the scheduled date of the hearing. At the hearing, the licensee may present evidence, call witnesses and be represented by counsel. Within ten (10) days after the hearing the Board shall notify the licensee in writing of its decision and shall specify the findings forming the basis of the decision. Upon revocation of an AIR station license, the licensee shall return to the Board all Certificates of Compliance issued to the licensee. B. Improper Representation: 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 not be issued or affixed to any motor vehicle except at an AIR Station established and operating uder a license issued by the Board. All such certificates shall be serially numbered and shall be accounted for. Section 9 EMISSION INSPECTION MEC:IANICS A. Licensing 1, The Board shall adopt Rules and negulation3 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. Sucessful completion of the Board authorized emission mechanic fifteen (15) hour course or pass the challenge test offered in lieu of the course, b. Other criteria 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 licenses of such information as they deem reasonably necessary to carry out the purposes of this Section. 4. The Board, upon notice and an opportunity for a hearing, may revoke and require the surrender and forfeiture of any Air Emission Aechanics License if. the Board finds that such mechanic does not operate in accordance with this Section or the Rules and Regulations adopted pur- suant to this Section. The Board shall notify the licensee in writing of the date, time and place of the hearing and the grounds for revocation at least ten (10) days prior to the scheCuled date of the hearing. At the hearing, the licensee may present evidence, call witnesses and be represented by counsel. Within ten (10) days after the hearing the Board shall notify the licensee in writing of its decision and shall specify the findings forming the basis of the decision. B. Improper Representation: AMBROSE, 1, No person shall represent himself or herself_ as a license FITZGERALD 8 CROOKSTON emissions mechanic unless he or she has obtained a licens OOKS issued by the Board. Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 888-4461 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 888-4461 2.. A Certificate of Compliance shall_ not be affixed to any vehicle except by an emissions mechanic licensed by the Board. All such certificates shall be serially numbered and shall be accounted for. Section 10 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 en- force the provisions of this ordinance or the requl&tions 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 CertificatGsof Compliance are the property of the Board until such time as they are affixed to properly in- spected motor vehicles. Section 11 FALSIFICATION OF CERTIFICATES: A. No person shall make, issue or display an_y imitation, coun- terfeit, 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 com- pliance with this Section. Section 12 DEMAND OR COLLECTION OF IMPROPER FEE --No person shall demand or collect a fee for the inspection of a vehicle other than what is stated in this Section. Section 13 ENFORCEMENT --Nothing in this Section shall be constru- ed to prevent the Board from requesting utilization of any other enforcement mechanisms granted by law. Section 14 PUBLIC INFOPJAATION: A. The Board shall make known to owners of subject vehicles the purpose of the vehicle emissions inspection programs. A program of meetings, public hearings, mass media coverage, or any other form of communication shall be 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 com- mon adjustments and repairs likely to be required in order for the owner's vehicle to pass inspection. It shall further provide 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 inspectio program. If shall be distributed by the Board to owners of motor vehicles subject to the provisions of this Section, free of charge at the time at which they are officially informed of the inspectio requirement. C. The Board shall conduct a series of orientation seminars to familiarize automobile mechnnics and owners of motor vehicles subject to the provisions of this Section with the standards, procedures and forms to be utilised in the inspection program. and, in particular, with maintenance and repair procedures recommended by the Board for performance on vehicles failing to pass inspection. Such seminars shall be conducted. at locations select- ed on the vasis of partici ants' p convenience of access. Section 15 EFFECTIVE DATES --'his Ordinance shall be rendered null and void 3 years from. August 1, 19S4, unless extended by Ordinance. Section 16 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 17 JOINT ORDINANCES --The Ada County Commissioners have previously passed an Ordinance which is the counter- part 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 Cite finds that the delegation of authority to the Air Quality Board is 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 registation of automobi.l� is a county and state function rather than a City function. Section 18 WHEREAS, there is an emergency therefore, which AMBROSE, emergency is declared to exist, this Ordinance shall take effect FITZGERALD & CROOKOOKSTON from and after its passage, approval and publication as required Attorneys and by law, Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 om PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day o f jVe je. .r- Cee t-ems r , 1984. ATTEST: AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4461 EMANN , Ty CLERK APPROVED: > ' R,. N"' P . ICIN: FO._ D , rnAYOR