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