460 Air Quality2 7~4
ORDINANCE N0. 460
AN ORDINANCE AMENDING MERIDIAN CITY ORDINANCE NO. 441, PERTAINING TO
MOTOR VEHICLE EMMISSION CONTROL, SETTING OUT ADDITIONAL FINDINGS;
RESTRUCTURING AND PROVIDING ADDITIONAL DEFINITIONS; PROVIDING FOR A
REQUIRED FREE, ONE-TIME VERIFICATION FOR MOTOR VEHICLES NOT USING
GASOLINE OR USING GASOLINE-MIXED FUELS; REQUIRING PROTECTION FROM
PROSECUTION FOR THOSE MOTOR VEHICLE OWNERS WHO .CAN DEMONSTRATE THAT
COMPLIANCE WITH THIS SECTIONsWAS IN EFFECT AT THE TIME WHEN A VIOLATION
WAS CHARGED; REVISING CARBON MONOXIDE PASS-ADJUST CRITERIA AND MAKING
EFFECTIVE JANUARY 1, 1986; REQUIRING MOTOR VEHICLE OWNERS WHO APPEAR ON
THE AIR QUALITY BOARD FILES BUT WHO RESIDE PERMANENTLY IN A COUNTY OTHER
THAN ADA TO SUBMIT A NOTARIZED AFFIDAVIT WHICH VERIFIES THE COUNTY OF
PERMANENT RESIDENCE TO THE AIR QUALITY BOARD; AND REVISES PROCEDURES k'OR
AIR STATION AND MECHANICS LICENSE REVOCATION AND SUSPENSION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Air Pollution has become a significant problem in Ada County;
WHEREAS, Exhaust emissions from motor vehicles are the major .source of
carbon monooide 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 Meridian, Idaho, have
~concl~d~e~~,afia~ =His='~is~.'ahe best interests of the City to approve and adopt provi-
sions 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 OF MERIDIAN, AND
THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO,
Section 1 SHORT TIME: This Ordinance may be cited as the MOTOR ~lEHICLE
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 pollution in Ada County and such
air pollution is a health hazard in Ada County of which the City of Meridian
is apart.
B. It is further found and declared that an effective system of periodic
Motor Vehicle inspection and maintenance and consumer education will
reduce thellevel of vehicular air pollution and provide motorists with
objective maintenance information regarding their vehicles,
C. It is further found and declared that the federal government has mandated
to the Several states and local entities the ultimate responsibility for
periodic Motor Vehicle inspection and maintenance. Ada County has been
designated as a non-attainment area for carbon monoxide and as such is
mandated under the Clean Air Act to implement a Motor Vehicle Inspection
and maintenance program; that the City of Meridian is in Ada County and
an integral part thereof.
D. The purpose of this ordinance is to protect the health and welfare of the
citizens of Ada County, to provide fc, the control of 'air pollutant
emissions from Motor Vehicles above certain levels as determined by the
Board and to require annual inspection of certain Motor Vehicles in order
to comply with the Federal Clean Air Act, as amended.
E. It is further found and declared that fuel economy is a legitimate
legislative purpose and that an emission control program will result in
Motor Vehicle fuel savings for the residents of Meridian.
F. It is.f_urther 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 PROGRAM The Automotive Inspection and Readjustment
Pr~gra;:a established by the Air Quality
.~:
2.7 5
Board in accordance with this Section which
implements and operates the annual idle emissions
test for 1970 and newer Motor Vehicles under
8500 pounds .gross: vehicle weight. This action
establishes an,"idle test" that meets the re-
quirements for "Motor Vehicles; Emission control
System Performance Warranty Short Tests", listed
in Section 207 (b) of the Clean Air Act, 42 U.S.C
7541(b) .
APPROVED EXHAUST GAS A device for sensing the amount of air con-
ANALYZER taminants, including carbon monoxide in the
exhaust emissions of a Motor Vehicle. For the
purposes of this Section, this shall mean ana-
lyzing devices of the non-dispersive infrared
type or any other analyzing devices that pro-
. vide 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 Motor
Vehicle exhaust gas emissions inspection and
any necessary adjustments to be performed and
which is owned or operated by a person licensed
by the Board to operate an emissions inspection
station,
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 Qowers agreement 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 that certifies that the Motor Vehicle
described therein is in compliance with the
requirements of this Section and the regula-
tions adopted pursuant to this ordinance. It
shall be displayed in a visible area of the
lower left front windshield of a Motor Vehicle.
It shall be issued on an annual basis to every
nonexempt Motor Vehicle complying with
inspection in conformity to this Section and
the regulations of the Board.
EMISSIONS MECHANIC An individual licensed in accordance with Board
speci-fications to inspect and adjust Motor
Vehicles which are subject to the automotive
inspection program.
EXHAUST EMISSIONS Substances emitted into the atmosphere from
any opening 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 for the pur-
pose of reducing pollutants emitted from the
Motor Vehicle, or a system or engine modifica-
tion of a vehicle which causes a reduction of
pollutants emitted from the vehicle.
" JOINT'POWERS'AGREEMENT That agreement which was entered into pursuant
" to 'Chapter 23,'Tit1e 67, of the Idaho Code
" betweerl'the'Cit~ of 'Boise and the County of
~~Ada on September 12, 1983 and by the Gity of
Meridian on Dlovember 5, 1984. (Further, any
276
municipality within Ada County which. adopts a
resolution supporting the requirements of this
ordinance shall be deemed to be included.)
,~ ~,,..._....s.....~
MODEL YEAR The year designated by the Idaho Department of
Transportation Motor Vehicle Certificate of
Registration.
MOTOR VEHICLE Any self-propelled, Motor 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
following 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 pur-
suant to this Section.
MOTOR VEHICLE OWNER A~ person whose name appears as owners on the
Motor Vehicle Certificate of Registration.
All owners shall be subject to the enforcement
and penalties of this Section for non-compliance
with the Motor Vehicle requirements of this
Section.
PASS 'ADJUST 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 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 other legal repre-
sentatives, agents or assigns.
RULES AND REGULATIONS Specific written provisions governing the
emissions test procedures, air station licensin
'.and operations, AIR mechanics licensing, AIR
station Quality Assurance procedures and other
criteria necessary for the implementation and
!operation of the AIR Program, as adopted and amendE
by the Air Quality Board from time to time.
SECTION MERIDIAN MOTOR VEHICLE EMISSIONS CONTROL
ORDINANCE.
TAMPERING (Removal or rendering inoperative an exhaust
emissions control device including but not
,limited to a catalytic converter, air injection
isystem or leaded fuel restrictor.
;~~>
TEMPORARY REGISTRATION That Motor Vehicle Registration established
'under Title 49, Section 43 , o e o ode ~~-
~.
z'
277
which is valid for thirty (30) days or the
....e..~,,.._
seventy-two (72) hour requirement period
provided for by the Idaho Transportation
Department from MVD-502.
Section 4 INSPECTION-MAINTENANCE PROGRAM 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. Motor Vehicles not using gasoline or gasoline
mixed fuels must be inspected in accordance with section 6-13=7,D. to verify- .
fuel type and upon such verification 'no 'further compliance with this ordinance
shall be required, r.._
B. The exhaust emissions inspection of each motor vehicle shall include all of the -
following:
1. A measurement of the Motor Vehicle's carbon monoxide emissions using. an
approved exhaust gas analyzer or other device as approved by the Board .
to sample the Motor Vehicle's exhaust.
2. A determination, according to test criteria established pursuant to this
Section whether the Motor Vehicle's carbon monoxide emissions meets the
test criteria.
3. Where applicable, an indication to the Motor Vehicle's owner of the
probable cause of any malfunction or misadjustment responsible for the
Motor Vehicle's failure to comply with the pass adjust criteria developed
pursuant to this Section.
C. Any person whose Motor Ve
inspection station shall,
the pass adjust criteria,
owner's expense, and have
initial exhaust emissions
Motor Vehicle to the same
without charge.
zicle has been inspected at an official emissions
if such Motor Vehicle was not found to comply with
have the Motor Vehicle repair undertaken at the
the right within ten ~(i10) calendar days of the
inspection, but not thereafter, to return such
emissions inspection station for one reinspection
D. Subsequent to the adoption and effective date of this Ordinance, all
nonexempt. Motor Vehicles shall be required to comply with the inspection
requirements of this Section at such time as said Motor Vehicle 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. The Certificate of Compliance
expiration date shall, in all cases, determine the compliance date for re-
inspection, All nonexempt Motor Vehicles must be inspected annually. Motor
Vehicles which are under temporary registration which do not have a current
Certificate of Compliance are required to have an emissions test performed within
ten (10) calendar days of the expiration of the temporary registration.
Motor Vehicles must. be reinspected during the month the Certificate of Compliance
expires. The Rules and Regulations shall require the return of a test data from
indicating inspection compliance. It shall be prima facie~evddence of a
violation of this Section if said form is not returned when required or a Cer-
tificate 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 implementation 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 su_eh meetings.
The appropriate governmental entites, AIR stations and AIR emissions mechanics
shall be notified of such amendments. '"
B. In developing "Rules and Regulations" for the implementation and enforcement
of this Section, the Board shall'eOnsider the following;
1. The ambient concentrations of carbon monoxide from Motor Vehicles in the
278
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 mainteinance program and the Ada County Transportation
Control Plan.
4.. Technological developments in a
or testing.
ve emission control equipment, repair ,
5. Amendments to the Rules and Regulati
for the purpose of addressing change
the proper and efficient implementat
C. ~'he Board may, recommend amendments to
of compliance, which shall be sufficie
estimated cost of the initiation, oper
inspection of Motor Vehicles, the issu
compliance, and all costs incurred in
Board shall also:
s shall be administrative in nature
in technology and law and to ensure `
n and operation of the AIR program.
he schedule of fees for certificates-
t to meet, but shall not exceed, the
tion and enforcement of the program of
nce of appropriate certificates of
dministering the AIR program. The
1. Authorize the emissions inspection station to receive the Motor Vehicle
inspection fee allowed under this Section.
2. Require the emissions inspection s
in the vehicle inspection fund, es
Ordinance, that ,portion of the Mot
the cost of administering and enfo
tion to remit to the Board for deposit
blished pursuant to sub-section 6A
Vehicle inspection fee to defray
ing 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 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 records on such analyses and
evaluations to 'eachparticipating'agency.
E.
F.
In order to document the evaluation
compile and maintain records of main
this section. Awritten-summary rep
annually by the Board and made avail
In performing its duties and responsi
to undertake any action reasonably ne
including but not limited to:
1. The employment and personnel mana
2. The execution of necessary contra
3. The authorization of expenditures
4. The formulation of regulations ne
administration of the program;
5. Conduct regular meetings;
6. Acquire and dispose of personal p
uired in sub-section D, the Board shall
ance and repairs performed pursuant to
of such information shall be prepared
e.to the public upon request.
lities, the Board shall have the authority
ssary to the performance of said duties,
t of necessary staff positions;
and documents;
the Motor Vehicle Inspection Fund;
essary to the implementation and
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 following:
1. Money appropriated thereto by any~local entity;
2. All money remitted by the emissio
as fees for emissions inspections
inspection stations which are collected
-~ 2.79
,_
° 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 administering an~a 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. INSPECTION CRITERIA AND COSTS:
A. Applicability
All nonexempt Motor Vehicles must be inspected at an AIR station in accordance
with Section 6-1-3-4 of this Section. Nonexempt Motor Vehicles of the model
year 1970°:or newer registered or required to be registered in Ada County must
comply with the yearly Emissions Test and adjustment procedures if the Motor
Vehicle exceeds the model year percent 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 identified
with an Air Program Certificate Sticker in the lower left corner of the
front windshield.
2. The Certificate of Compliance sticker will 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'injeotion system and size of the fuel restrictor. Motor Vehicles which
have had those systems removed or defaulted are to be denied a Certificate
of Compliance until the Motor Vehicle owner restored them to their original
or operating condition. The systems are not required to be installed on A4otor
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 adjust criteria in order for a Certificate
of Compliance to be issued without further admustment or testing.
Model Year
1970-74
1975-79
1980
1981 -AND NEWER
Carbon Monoxide
7 .'0
5.0
3.0
1.2
"3. "Effective January 1;'1986 Motor Vehicles emissions must be less than or
~.,..
~' 'equal'to.'.the.'following.'.ca~bon'monoxide'emsson'pass=acljust'criteria'in
..~._.._._._.e.e _.,_
' ' order~'.for. a~' Ce~~.ifcate ' of Compliance 'to ' be ' ~ssUed without ' f~irther
" adjustment'or'testing. .~. ~ ~.~
•~Model~Year
1970=74
..-,tee a..~.
" 1975=79
" 1980 a.a..
" 1981 ='AND'NEWER
°s Carbon Monoxide
5; 5
3:5
~,
1.2
280
The Board may recommend amendments to the pass adjust criteria as it
deemed necessary to meet the purpose of this Section.
4. 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 Motor Vehicle exceeds the
model year standards during the initial test and the owner 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 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.
5. Fees for the adjustment and/or repair required by the Rules and
Regulations shall not exceed fifteen (15) dollars for Motor Vehicle
of 1970 model year to and including a 1980 model year. The adjustment
fees for 1981 and newer shall not exceed thirty (30) dollars.
6. Free retest procedures are available for those Motor Vehicles owners
whose Motor Vehicle exceed the model year percent CO standards.
These Motor Vehicles have ten calendar days to have adjustments and/or
repairs performed outside of the AIR station. These Motor Vehicle owners
mush 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 repair required by the Rules and Regulations
in•order:for a Certificate of Compliance to be issued. The cost limits
for these adjustments and/or repairs may not exceed fifteen dollars (15.00)
for model years 1970-1980 or thirty ($30.00) for model years 1981 and newer.
D.'VERIFICATION OF ALTERNATE FUEL TYPES
.Owners of Motor Vehicles powered solely ~ a fuel other than gasoline or
gasoline mixed fuels;'shall be'required to take their Motor Vehicles to an~-
licensed emissions 'testing'station'for verification of the fuel t~pe_ ~ a
licensed emissions mechanic. There shall be no cost to the Motor~Vehicle
owner for verification of an alterate fuel type. Upon such verification,
the licensed emissions testing station shall submit the completed data
form to the Air Quality Board, in accordance with the Rules and Regulations
governing the operation of licensed emissions testing stations. The Motor
Vehicle owner's copy of the test data form must be retained in the Motor
Vehicle, m
E. VERIFICATION OF OUT-OF-COULdTY RESIDENT STATUS
Motor Vehicle owners who receive a test data form from-the Air uality Boas?d
but permanently reside in a county other than Ada Count will be exempted
from the emissions testing requirements upon submission of the owners
notarized affidavit to the Air Quality Board that his/her permanent resi-
dence and domicile is outside of Ada County, and upon verification of such
residency.
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 sub-
mission by holders of an AIR Station License of such information as they
deem reasonably necessary to carry out the purposes of this Section.
2_~ 1
4. The Board or its' authorized'r~resentatives, upon notice and an_
opportunity for a hearing, ma¢'$uspend revoke and/or require the
surrender and forfeiture of any AIR Station License of the AIR Station
permittee if it finds that such station is not operated in accordance
with this Section or the Rules and Regulations adopted pursuant to this
Section. The procedure and grounds for suspension or revocation shall
be set forth in the Rules and Regulations.
B. Improper Representation:
1. P1o 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 certificate 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
for an emission inspection mechanic, the Board shall consider criteria
including but not limited to the following:
a. Successful completion of the Board authorized emission mechanic
fifteen (15} hour course or pass the challenge test offered in
lieu of the course.
b. Other criteria as deemed necessary by the Board in ozder to
further the public interest and carry out the purposes of this
Section.
3. The Board shall adopt Rules and Regulations providing for the sub-
mission 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 or its' authorized representatives, upon notice and an oppor-
tunity fora hearing, may 'suspend, revoke and/pr require the surrender
a-nd 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 procedure
and grounds for suspension or revocation shall be set forth in the Rules
._.._ .~.~ ..... ~e
" and'Regulations.
B. Improper Representation:
i 1. No person shall represent himself or herself as a licensed emissions
mechanic unless he or she has obtained a license issued by the Board,
2. A Certificate of Compliance shall not be affixed to any Motor Vehicle
except by an emissions mechanic licensed by the Board, All such cer-
tificates 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'
made by the Boar~l;shall comply with all statutory requirements imposed upon
each participating agency for the purchase or receipt of property,
B. Exhaust emission Certificates of Compliance are the property of the Board
,until such time as they are affixed to properly inspected Motor Vehicles.
Section 11. FALSIFICATION OF CERTIFICATES:
282
A. No person shall make, issue or display any imitation, counterfeit, or
alteration of an official Certificate of Compliance.
B. No person shall display upon any nonexempt Motor Vehicle a Certificate of
Compliance knowing it to be issued without compliance with this Section.
Section 12. DEMAND OR COLLECTION OF IMPROPER FEE:
No person shall demand or collect a fee for the inspection of a Motor Vehicle,
unless authorized by this Ordinance. 'The fees set forth in this ordinance m._..X be charged
for exempt Motor Vehicles'when'testing is voluntarily requested by the Motor Vehicle
owner. '® '°`°-- -~--~-°
Section 13. ENFORCEMENT:
Nothing in this Section shall be construed to prevent the Board from requesting
utilization of any other enforcement mechanisms granted by law.
Section 14. PUBLIC INFORMATION:
A. The Board shall make known to owners of subject Motor Vehicles the purpose of
the vehicle emissions inspection program. A program of meetings, public
hearings, mass media coverage., or any other form of communication shall be
prescribed and provided, to orient and educate the public regarding the purpose
of the emissions inspection program, as well,as to elicit public participation in.
the development and operation of the inspection program.
B. The Board shall prepare public information for the benefit of the owners of•
Motor Vehicles subject to the provisions of this Section. This information
shall explain the inspection program, the' owner's responsibilities under the
program, and the most common adjustments and repairs likely to be required in
order for the owner's Motor Vehicle to pass inspection. It shall make available
the locations of stations at which the inspection requirement can be met,
scheduling information, and information of the location and availability of
mechanics to perform repairs for the inspection program. It shall be made
available by the Board to owners of Motor Vehicles subject to the provisions of
this Section, free of charge.
C. The Board shall conduct a series of orientation seminars to familiarize automobile
mechanics and owners of Motor Vehicles .s,ubject to the provisions of this Section
with the standards, procedures, and forms to be utilized in the inspection program
and, in particular, with maintenance and repair procedures recommended by the Board
for performance on'MOtor Vehicles failing to pass inspection. Such seminars shall be
conducted at locations selected on the basis of participants' convenience of access.
Section.l5. EFFECTIVE. DATES:
This Ordinance shall be rendered null and void 3 years from the mandatory implementation
dates, unless extended by ordinance.
Section 16. PENALITIES:
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
counterpart of this Ordinance for the City of Meridian and is basically iden-
tical to this Ordinance; other cities in Ada County may already Piave passed or
w,i.ll pass, such an ordinance; the City of Meridian, by this 6rdinance, has agreed
that carbon monoxide in the City of Meridian should be reduced and this Ordinance
is passed to endeavor to do so; the City finds that the delegation of authority to
the Air Quality Board is appropriate and the most effecient and economical means of operating
the program and of operating a county-wide abatement program of carbon monoxide; that
individual•municipal enforcement would be duplicate and inefficient government and probably
unenforceable since registration of automobiles is a county and state function rather
than a City function.
Section'18. WHEREAS, there is an emergency therefore, which emergency is declared
to exist, this Ordinance shall take effect from and after its passage, approval and
publication as required by law.
283
PASSED by the City Council and approved by the Mayor of the City of
Meridian, Ada County, Idaho, this 6th day of January, 1986.
APPROVED:
T P. KINGSFO , -0
ATTE"S T
~ / ,
rJ
Jack N imann, ity Clerk
3450 2 B f
AMENDED ORDINANCE NO. 459
TERTELING TRUST #7 ANNEXATION
AN ORDINANCE AMENDING ORDINANCE NO. 459 WHICH ORDINANCE ANNEXED AND ZONED
A PART OF THE SOUTHWEST QUARTER, SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST,
.. , , .- ,.
BOISE-MERIDIAN, ADA COUNTY, IDAHO; .AND PROVIDIDIG ANA EFFECTIVE DATE.
WHEREAG, 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 as follows:
TERTELING TRUST #7
Beginning at the south 'a corner of Sec. 18, T. 3N. R, lE., B.M., a
bronze cap in a concrete post, in Ada County, Idaho;
THE REAL POINT OF BEGINNING;
thence S 89°42' 17" W 685.39 feet along the south boundary of the SW ~ of Section
18, T. 3N., R. lE., B.M. to a steel pin;
thence N. 0°45' 17" E 10~5.~9 feet to a brass cap in a concrete post located on
the southerly right of way line of Interstate Highway 84;
thence N 89°17' 03" E 478.04 feet along the south side of the right of way of
Interstate Highway 84 to a brass cap in a concrete post;
thence S 72°52' 15" E 42.52 feet along the south side of said right of way to a
brass cap in a concrete post;
thence S 89°34' 12" E 100.00 feet continuing along the South side of said right
of way to a brass cap in a concrete post;
thence N 68°37' 43" E 53.85 feet a brass cap in a concrete post on said right
of wa.y line;
thence S 89°34' 12" E 12.0 feet to a brass cap in a concrete post on said right
of way line;
thence S 0°30' 17" W 1083.75 feet along the centerline of said Section 18 to THE
REAL POINT OF BEGINNING.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
__ 1
ORDINANCE NO.
AN ORDINANCE AMENDING MERIDIAN CITY ORDINANCE NO. 441, PERTAINING TO MOTOR VEHICLE
EMISSION CONTROL, SETTING OUT ADDITIONAL FINDINGS; RESTRUCTURING AND PROVIDING
ADDITIONAL DEFINITIONS; PROVIDING FOR A REQUIRED FREE, ONETIME VERIFICATION FOR
MOTOR VEHICLES NOT USING GASOLINE OR USING GASOLINE -MIXED FUEIS; REQUIRING
PROTECTION FROM PROSECUTION FOR THOSE MOTOR VEHICLE OWNERS WHO CAN DEMONSTRATE
THAT COMPLIANCE WITH THIS SECTION WAS IN EFFECT AT THE TIME WHEN A VIOLATION WAS
CHARGED; REVISING CARBON MONOXIDE PASS ADJUST CRITERIA AND MAKING EFFECTIVE
JANUARY 1, 1986; REQUIRING MOTOR VEHICLE OWNERS WHO APPEAR ON THE AIR QUALITY
BOARD FILES BUT WHO RESIDE PERMANENTLY IN A COUNTY OTHER THAN ADA TO SUBMIT A
NOTARIZED AFFIDAVIT WHICH VERIFIES THE COUNTY OF PERMANENT RESIDENCE TO THE AIR
QUALITY BOARD; AND REVISES PROCEDURES FOR AIR STATION AND MECHANICS LICENSE
REVOCATION AND SUSPENSION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Air Pollution has become a significant problem in Ada County;
WHEREAS, Exhaust emissions from motor vehicles are the major source of car-
bon monxoide 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 Meridian, Idaho, have
concluded that it is the best interests of the City to approve and adopt provi-
sions 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 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 mMotor vVehicles are
the major source of carbon monoxide air pollution in Ada County 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 mMotor
vVehicle inspection and maintenance and consumer education will reduce the
level of vehicular air pollution and provide motorists with objective main-
tenance information regarding their vehicles.
C. It is further found and declared that the federal government has mandated to
the several states and local entities the ultimate responsibility for
periodic xffiotor vVehicle inspection and maintenance. Ada County has been
designated as a non -attainment area for carbon monoxide and as such is man-
dated under the Clean Air Act to implement a mMotor vVehicle inspection and
maintenance program; that the City of Meridian is in Ada County and an
integral part thereof.
-1-
D. The purpose of this ordinance is to protect the health and welfare of the
citizens of Ada County, to provide for the control of air pollutant
emissions from rMotor vVehicles above certain levels as determined by the
Board and to require annual inspection of certain mMotor vVehicles in order to
comply with the Federal Clean Air Act, as amended.
E. It is further found and declared that fuel economy is a legitimate legisla-
tive purpose and that an emission control program will result in mMotor
vVehicle fuel savings for the residents of Meridian.
F. It is further found and declared that the adoption of this Section is pur-
suant 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 con-
ditions of carbon monoxide air pollution in Ada County.
Section 3 DEFINITIONS:
AIR PROGRAM The Automotive Inspection and Readjustment
Program established by the Air Quality Board
in accordance with this Section which imple-
ments and operates the annual idle missions
test for 1970 and newer gft& Powered mMotor
vVehicles under 8500 pounds gross vehicle
weight. This action establishes an "idle
test" that meets the requirements for "Motor
Vehicles; Emission Control System Performance
Warranty Short Tests", listed in Section 207
(b) of the Clean Air Act, 42 U.S.C. 7541(b).
APPROVED EXHAUST GAS A device for sensing the amount of air
ANALYZER contaminants, including carbon monoxide in the
exhaust missions of a FMotor vVehicle. For the
purposes of this Section, this shall mean ana-
lyzing devices of the non -dispersive infrared
type or any other analyzing devices that pro-
vide equal or greater accuracy as approved by
the Board.
AUTOMOTIVE INSPECTION AND A facility which meets the requirements of the
READJUS`NENT (AIR) STATION Board and is so equipped as to Enable a Motor
vVehicle exhaust gas Emissions inspection and
any necessary adjustments to be performed and
which is owned or operated by a person
licensed by the Board to operate an Emissions
inspection station.
VA
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 com-
position 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 compound containing one atom of
carbon and one atom of oxygen.
CERTIFICATE OF COMPLIANCE A sticker a-eert4f4,ed &t&tement
that certifies that the Motor vVehicle
described therein is in compliance with the
requirements of this Section and the regula-
tions adopted pursuant to this ordinance. It
shall be displayed in a visible area of the
lower left front windshield of a mMotor
vVehicle. It shall be issued on a-n annual
basis to every nonexempt mMotor vVehicle
complying with inspection in conformity to
this Section and the regulations of the Board.
EMISSIONS MECHANIC An individual licensed in accordance with
Board specifications to inspect and adjust
mMotor vVehicles which are subject to the auto-
motive inspection program.
EXHAUST EMISSIONS Substances emitted into the atmosphere from
any opening downstream of the exhaust port(s)
of any mMotor vVehicle engine.
EXHAUST EMISSIONS Equipment designed by the manufacturer for
CONTROL DEVICE installation on a mMotor Vehicle for the pur-
pose of reducing pollutants emitted from the
R iotor vVehicle, or a system or engine modifica-
tion of a vehicle which causes a reduction of
pollutants emitted from the vehicle.
JOINT POWERS AGREEMENT That agreement which was entered into pursuant
to Chapter 23, Title 67, of the Idaho Code
between the City of Boise and the County of
Ada on September 12, 1983 and .the City of
Meridian on November 5, 1984. (:E'uther,
municipality within Adaany
County which adopts a
resolution supporting the r ir�nents of this
ordinancehall be deemed to be :included.)
-3-
MODEL YEAR The year designated by the Idaho Department of
Transportation Motor Vehicle Certificate of
Registration.
MOTOR VEHICLE Any self propelled, gasel4fh. f=ue}ed e� gag
line peel fueled Motor vVehicle 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
following mtor vehicles shall be exempt from
compliance.
Motorcycles as defined in Section 49-101,
Idaho Code;
Diesel powered vehieles!
"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 pur-
suant 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 for non-
compliance with the motor vVehicle requirements
of this Section.
PASSFA113 ADJUST CRITERIA Those standards set forth in regulations
adopted pursuant to this ordinance which spe-
cify the maximum allowable mMotor vVehicle
exhaust emissions which may be emitted into
the atmosphere from any opening downstream of
the exhaust port(s) of any RqMotor vVehicle
engine. — —
-4-
PERSON Any individual, partnership, firm, public,
private, or municipal corporation, asso-
ciation, trust, estate, agency, political sub-
division of the State of Idaho or any other
legal entity or their legal representatives,
agents or assigns.
RULES AND REGULATIONS Specific written provisions governing the
emissions test procedures, air station
licensing and operations, AIR mechanics
licensing, AIR station audit Quality Assurance
procedures and other criteria necessary for
the implementation and operation of the AIR
Program, as adopted and amended by the Air
Quality Board from time to time.
SECTION MERIDIAN MOTOR VEHICLE EMISSIONS CONTROL
ORDINANCE.
TAMPERING Removal or rendering inoperative an exhaust
emissions control device including but not
limited to a catalytic converter, air injec-
tion system or leaded fuel restrictor.
TEMPORARY REGISTRATION That Motor Vehicle Registration established
under Title 49, Section 434, of the Idaho Cade
which is valid for thirty (30) days or the
seventy-two (72) hour requirement period prro-•-
vided for �y the Idaho Transportation
Department form MVD-502.
Section 4 INSPECTION -MAINTENANCE PROGRAM CREATED:
A. The Board shall implement a program for the mandatory annual exhaust
emissions inspection and maintenance of certain mMotor vvehicles registered
or required to be registered in Ada County including all mMotor vV_ehicles
owned by government entities and public utilities. Motor Vehicles not using
gasoline or gasoline -nixed fuels must be inspected in accordance with sec-
tion 6-13-7,D. to verify fuel ty and upon such verification no further
compliance with this ordinance shall be required.
B. The exhaust emissions inspection of each wHotor vVehicle shall include all
of the following: — —
1. A measurement of the Motor vVehicle's carbon monoxide missions using
an approved exhaust gas analyzer or other device as approved by the
Board to sample the Motor vVehicle's exhaust.
2. A determination, according to test criteria established pursuant to
this Section whether the Motor vVehicle's carbon monoxide emissions
meets the test criteria. —
C612
3. Where applicable, an indication to the Motor vVehicle's owner of the
probable cause of any malfunction or misadjustment responsible for the
Motor vVehicle's failure to comply with the pass l adjust criteria
developed pursuant to this Section.
C. Any person whose Motor vVehicle has been inspected at an official missions
inspection station shall, if such Motor vVehicle was not found to comply
with the pass -}adjust criteria, have the Motor vVehicle repair undertaken
at the owner's expense, and have the right within ten (10) calendar days of
the initial exhaust emissions inspection, but not thereafter, to return such
Motor vVehicle to the same emissions inspection station for one reinspecti.on
without charge.
D. Subsequent to the adoption and effective date of this Ordinance, all
nonexempt mMotor vVehicles shall be required to comply with the inspection
requirements of this Section at such time as said n#btor vVehicle are
required to register or renew registration under Title 49 of the Idaho Code
or upon the expiration date of any eCertificate of eCompliance for said
mMotor vVehicle if different than the registratiion/renewal date. The
eCertificate of eCompliance expiration date shall, in all cases, determine
the compliance date for reinspection. All nonexempt mMotor vVehicles must
be inspected annually. Motor vVehicles which are under temporary registra-
tion which do not have a current eCertificate of eCompliance are required to
have an emissions test performed within ten (10) calendar days of the
expiration of the temporary registration. rr 47a vat-ifi
f'CTL 'J wOrk4'19 ditys � Motor vVehicles must be reinspected during the month
the eCertificate of eCompliance expires. The Rules and Regulations shall
require the return of a test data from 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 eCertificate of eCompliance 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 implementation 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 regu-
larly scheduled Air Quality Board meetings with fourteen (14) days public
notice of such meetings. The appropriate governmental entities, AIR sta-
tions and AIR emissions mechanics shall be notified of such amendments.
B. In developing "Rules and Regulations" for the implementation and enforcement
of this Section, the Board shall aPply consider the following; standartI.
1. The ambient concentrations of carbon monoxide from mMotor Wehicles in
the City of Meridian and Ada County; - _
2. The public health interest, including social and economi
pollutants and their control; c costs of air
3. The requirements of the Federal Clean Air Act, as amended, the emission
reduction benefits of the inspection and maintenance program and the
Ada County Transportation Control Plan.
4. Technological developments in automotive emission control equipment,
repair or testing.
5. Amendments to the Rules and Regulations shall be administrative in
nature for the purpose of addressing changes in technology and law and
to ensure the proper and efficient implementation and operation of the
AIR Program.
C. The Board may recommend amendments to the schedule of fees for 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 mMotor vVehicles, the issuance of appropriate certificates
of compliance, and all costs incurred in administering the AIR Program. The
Board shall also:
1. Authorize the missions inspection station to receive the Motor
vVehicle 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 Motor vVehicle 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 ffMotor vVehicles' exhaust missions 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 recom-
mendations to improve the inspection program. The Board shall provide
annual written reports on such analyses and evaluations.— to each par-
ticipating agency. E. In order to document the evaluation required in sub -section D, 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;
aC
2. The execution of necessary contracts and documents;
3. The authorization of expenditures from the Motor Vehicle Inspection
Fund;
4. The formulation of regulations necessary to the implementation and
administration of the program;
5. 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 missions Inspection Fund which
shall consist of the following:
1. Money appropriated thereto by any local entity;
2. All money remitted by the missions 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 mMotor vVehicle missions inspection fund may be used in
paying costs incurred by the Board in administering any aspect of the
emissions inspection program.
C. The Board shall appropriate and budget on a fiscal year basis, in accordance
with the statutory requirements of the member agencies indicating expen-
ditures to be made in implementation and administration of the mMotor
vVehicle 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
levied according to this Section. be
Section 7. INSPECTICN CRITERIA AND COSTS:
A. Applicability
All nonexempt mMotor vVehicles must be inspected at an AIR Station in accor-
dance with Section 6-1-3-4 of this Section. Nonexempt mMotor vvehicles of
the model year 1970 and newer registered or required
County must comply with the Test to � registered in Ada
if the Motor vVehicle exceeds the Emissions Test and adjustment procedures
Year percent 00 standards.
cm
B. Identification of mMotor vVehicles required to comply with the Automotive
Inspection & Readjustment Program.
1. Motor IVehicles that are required to comply with the Air Program will
be identified with an Air Program Certificate of Compliance Sticker in
the lower left corner of the front windshield.
=�@f- Gamplianee sticker i*A71-1- be 8f- t+t& same eelar as -
the ff mazer.
3-.2. The Certificate of Compliance sticker will expire one year from the
last day of the month of issuance.
C. Standards
1. Tampering - Motor vVehicles of the model years 1984 and newer are to be
inspected for the presence of the catalytic converter, presence of the
air Ptwp injection system and size of the fuel restrictor. Motor
vVehicles which have had those systems removed or defaulted are to be
denied a Certificate of Compliance until the mMotor vVehicle owner
restores them to their original or operating condition. The systems
are not required to be installed on mMotor vVehicles 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 mission pass-f-ft�adjt
testing. criteria in order for a
Certificate of Compliancece to be issued without further adjustment or
Model Year % Carbon Monoxide
1970-74 7.0
1975-79 5.0
1980 3.0
1981 AND NEWER 1.2
3. Effective January 1, 1986 Motor Vehicles missions must be less than or
equal to the following carbon monox dei omission —
order for a Certificate of C ass -adjust criteria in
adjustment or testing — A e to be issued without further —
Model Year % Carbon Mon —oxide
1970-74
197 75— 99 5.5
1980 3.5
1981 AND NEWER 1.5
1.2
The Board may recommend amendments to the it deems necessary to meet the Purpose criteria as
pose of this Section.
3:4. 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 Motor vVehicle fai}g exceeds
the model year standards during the initial test and the owner 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 more
than $7.00. When the fflMotor vVehicle is returned and passes the free
retest a Certificate of Compliance is issued and no more than $3.00 may
be charged.
4-.5. Fees for the adjustment and/or repair required by the Rules and
Regulations shall not exceed fifteen (15) dollars for mMotor vVehicles
of 1970 model year to and including a 1980 model year. The adjustment
fees for 1981 and newer shall not exceed thirty (30) dollars.
r 6. Free retest procedures are available for those mMotor vVehicle owners
whose mMotor vVehicle exceed the model year percent CO standards.
These FflMotor vVehicles have ten calendar days to have adjustments
and/or repairs performed outside of the AIR station. These rflMotor
vVehicle owners must return the FrNlotor vVehicle 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 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.
D. Verification of Alternate Fuel Types
Owners of Motor Vehicles powered solely by a fuel other than gasoline or
gasoline mixed fuels, shall be required to take their Moor tVehicle t licensed emissions testing station for any
verification of the uel o f� a licensed emissions mechanic. There shall be no cost to the Motor Vehicle
owner for verification of an alterate fuel t
the licensed emissions testin�c station shall�rrut hescompleted ldata oform
to the Air Quality Board, in accordance with the Rules and R g ions
governing the operation of licensed emissions testing stations The Motor
Vehicle owner's copy of the test data form usm t be retained in the Motor
Vehicle. _ _ _
E. Verification of out -of -County Resident Status
Motor Vehicle owners who receive a test data form from the Air
Qua
but permanently reside in a county other than Ada County will be exlitY -- Board
from the anises testing reguIre �_ submission of the owners
notarized affidavit to the Air Quality Board that his/her
denc and d donu— e is outside of —Ada
t resi-
residencv — '� and upon verification of such
-10-
Section 8. EMISSIONS INSPECTION STATIONS:
A. Licensing:
0
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 sub-
mission by holders of an AIR Station License of such information as
they deem reasonably necessary to carry out the purposes of this
Section.
4. The Board or its, authorized representatives, upon notice and an oppor-
tunity for a hearing, may suspend revoke and/or require the surrender
and forfeiture of any AIR Station License of the AIR station permittee
if it finds that such station is not operated in accordance with this
Section or the Rules and Regulations adopted pursuant to this Section.
The d_hhe0y the ems- g e€ te die; me d
days- pier to the _ Vhe -_ date Ofthe heartngg. tern (fig )
the 1 neee way tev-i weer w me&
by eounse-l-. wa teff —
after
seta€y the lle ram � get its- a^ �the e -Ey
Shall spee�-€� the
rag the basis et the =�:-. �atiO stfttteft e€ air AIR
the wee shall retth-ft to the Beard all -
Issued" to the tee- The procedure and
rounds for suspension or revocation shall be set forth in the Rules
and Regulations. — —
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
mMotor Vehicle except at an AIR Station established and operating
under a license issued by the Board. All such certificate shall be
serially numbered and shall be accounted for.
-11-
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
for an mission inspection mechanic, the Board shall consider criteria
including but not limited to the following:
a. Successful completion of the Board authorized mission 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 sub-
mission by holders of mission mechanics licenses of such information
as they deem reasonably necessary to carry out the purposes of this
Section.
4. The Board or its' authorized representatives, upon notice and an oppor-
tunity for a hearing, may suspend, revoke and/or 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 Beard
sip notify the -±ft wm�g et the ae6te,tiffle and pl-aee of- the
i r1g and the greundg ter at feast tefr +4:0+ aftys- prier tee
the filed date a€ the hea-rAt- the hear; e see may
� and bee
(:0 ) �g fie: _ _ ng tie del fy
wrtttng at ,4 w1a sill
The procedure and grounds for suspension or
revocation shall be set forth in the Rules and Regulations.
B. Improper Representation:
1. No person shall represent himself or herself as a licensed emissions
mechanic unless he or she has obtained a license issued by the Board.
2. A Certificate of Compliance shall not be affixed to any Motor vVehicle
except by an missions mechanic licensed by the Board. All such cer-
tificates shall be serially numbered and shall be accounted for.
-12-
Section 10. ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD:
A. The Board may acquire by purchase, donation, dedication, or other lawful
means any special equiprnent, tools
ade-
quately administer, investigate or enforce materials facilities
enforcethe provisionsofnthhiisdordinance
ti the regulations adopted pursuant hereto provided, however, an
tion made by the Board shall comply with all statutory requirements
acquisi-
upon each participating agency for the purchase or receipt�of�ots unposed
B. property.
Exhaust emission Certificates of Compliance are the ro
until such time as they are affixed to properly inspectedP arty of the Board
mMotor 'Vehicles.
Section 11. FALSIFICATION OF CERTIFICATES:
pe
A. No rson shall make, issue or display any imitation, counterfeit, or
alteration of an official Certificate of Compliance.
B. No person shall display upon any nonexempt �N Compliance knowing it to be issued without n_I cotor i7ehicle a Certificate of
ompliance with this Section.
Section 12. DEMAND OR COLLECTION OF IMPROPER FEE:
No person shall demand or collect a fee for the inspection of a Motor vVehicle
ethef t- � s � � �g Seet�r= unless authorized this ordinance.
The fees set forth in this ordinance ma
when testing is voluntarily re tau seSeed the Motoic�t Motor Vehicles
Section 13. ENFORCEMENT:
Nothing in this Section shall be construed to prevent the Board from
requesting utilization of any other enforcement mechanisms granted by law.
Section 14. PUBLIC INFORMATION:
A. The Board shall make known to owners of sub' of the vehicle emissions ins ject Motor Vehicles the purpose
hearings, mass media coverage�oroanPr�ram. A program of meetings,
hearings,
p y other form of g Public
P and Provided, to orient and educate the public
shall be
Pose of the emissions inspection r s egarding the pur-
ticiPation in the develo Program, as well as to elicit public par-
pment and operation of the inspection program.
B. The Board shall prepare public information for the benefit of the owners
of
mMotor vVehicles subject to the provisions of this Section. This infor-
mation shall explain the inspection program, the owner's responsibilities
under the Program, and the
owner's
nOn adjustments and repairs likely to be
required in order for the
shall Motor vVehicle to pass inspection.
�e make available the
inspection requilocations of stations at It
rement can tie heduloand information
which the
nformation
-13-
of the location and availability of mechanics to perform repairs for the
inspection program. It shall be a:�bttted made available by the Board to
owners of mMotor vVehicles subject to the provisions of this Section, free
of charge. a the tE e ett- wilieh t-h� are effieially infen:a--d e f the
nspeet4:cft regai.-e�L
C. The Board shall conduct a series of orientation seminars to familiarize
automobile mechanics and owners of (Motor vVehicles subject to the provi-
sions of this Section with the standards, procedures and forms to be uti-
lized in the inspection program and, in particular, with maintenance and
repair procedures recommended by the Board for performance on Motor
vVehicles failing to pass inspection. Such seminars shall be conducted at
locations selected on the basis of participants' convenience of access.
Section 15. EFFECTIVE DATES:
This ordinance shall be rendered null and void 3 years from the mandatory imple-
mentation date, 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
counterpart of this Ordinance for the City of Meridian and is basically iden-
tical to this Ordinance; other cities in Ada County may already have passed or
will pass, such an Ordinance; the City of Meridian, by this Ordinance, has
agreed that carbon monoxide in the City of Meridian should be reduced and this
Ordinance is passed to endeavor to do so; the City finds that the delegation of
authority to the Air Quality Board is appropriate and the most efficient and
economical means of operating the program and of operating a county -wide abate-
ment program of carbon monoxide; that individual municipal enforcement would be
duplicate and inefficient government and probably unenforceable since registra-
tion of automobiles is a county and state function rather than a City function.
Section 18. WHEREAS, here is an emergency therefore, which Emergency is
declared to exist, this Ordinance shall take effect from and after its passage,
approval and publication as required by law.
-14-
PASSED by the City Council and approved by the Mayor of the City of
Meridian, Ada County, Idaho, this �- f) day of eeteberJanuary, 19846.
ATTEST:
Jack
34502#2 B
ty Clerk
-15-
SUMMARY OF ORDINANCE NO. [�
On January 6, 1985, at its regular meeting on the first
Monday of the month the Meridian City Council passed and approved
Ordinance No. which Ordinance amends Title 7, Chapter 6 of
the Revised and Compiled Ordinances of the City of Meridian,
Motor Vehicle Emissions Control; the Title of Ordinance
reads as follows:
AN ORDINANCE AMENDING MERIDIAN CITY ORDINANCE NO. 441, PERTAINING
TO MOTOR VEHICLE EMISSION CONTROL, SETTING OUT ADDITIONAL
FINDINGS; RESTRUCTURING AND PROVIDING ADDITIONAL DEFINITIONS;
PROVIDING FOR A REQUIRED FREE, ONE-TIME VERIFICATION FOR MOTOR
VEHICLES NOT USING GASOLINE OR USING GASOLINE -MIXED FUELS;
REQUIRING PROTECTION FROM PROSECUTION FOR THOSE MOTOR VEHICLE
OWNERS WHO CAN DEMONSTRATE THAT COMPLIANCE WITH THIS SECTION WAS
IN EFFECT AT THE TIME WHEN A VIOLATION WAS CHARGED; REVISING
CARBON MONOXIDE PASS -ADJUST CRITERIA AND MAKING EFFECTIVE JANUARY
1, 1986; REQUIRING MOTOR VEHICLE OWNERS WHO APPEAR ON THE AIR
QUALITY BOARD FILES BUT WHO RESIDE PERMANENTLY IN A COUNTY OTHER
THAN ADA TO SUBMIT A NOTARIZED AFFIDAVIT WHICH VERIFIES THE
COUNTY OF PERMANENT RESIDENCE TO THE AIR QUALITY BOARD; AND
REVISES PROCEDURES FOR AIR STATION AND MECHANICS LICENSE
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone88&4481
REVOCATION AND SUSPENSION; AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of Ordinance NO.� are:
1) It makes some provisions of the Motor Vehicle Emission
Control Ordinance apply to diesel powered motor vehicles as well
as gas powered automobiles.
2) It changes some definitions and adds two definitions,
one for the Joint Powers Agreement and one for Temporary
Registration.
3) It requires that the Certificate of Compliance placed
in the lower left corner of the windshield be the same color as
the license plate registration sticker.
4) It increases the carbon monoxide emission pass -adjust
criteria in order for a Certificate of Compliance to be issued
without further adjustment or testing from the following:
MODEL YEAR % CARBON MONOXIDE
1970-74 7.0
1975-79 5.0
1980 3.0
1981-NEWER 1.2
TO
MODEL YEAR
% CARBON MONOXIDE
1970-74
5.5
1975-79
3.5
1980
1.5
AMBROSE,i
FITZGERALD ERgL
1981-NEWER
&CROOKSTON �
1.2
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
I
Telephone 88&4485
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
5) It adds a provision for motor vehicles powered by a
fuel other than gasoline or gasoline mixed fuels to have that
fuel system and type verified at no cost.
6) It adds an exemption and a procedure to obtain that
exemption, for owners who permanently reside in a county other
than Ada County.
7) It eliminates the procedure for revocation of AIR
Station License and an Air Emission Mechanics License from the
Ordinance and provides that procedures for revocation may be
established by rules and regulations of the Air Quality Board.
8) It prohibits demand or collection of fees for motor
vehicle inspection unless authorized by the ordinance but does
allow for collection of fees on exempt vehicles where the testing
is voluntarily requested by the owner.
9) It provides that the Motor vehicle Emission Control
Ordinance shall be rendered null and void three (3) years from
the mandatory implementation date, unless extended by ordinances.
10) It provides that any person found guilty of violation
of the Ordinance shall be guilty of an infraction and fined
$25.00 for each violation.
11) It provides for an emergency effective date and
Ordinance No.P%b a will be effective upon publication of this
summary.
T--
The public is additionally informed that while the Ordinance
itself does not require or allow for the suspension or revocation
u
of driving privileges for violation of the Ordinance, if an owner
is found guilty of a violation and is fined, and yet fails to pay
the fine, the laws of the State of Idaho allow for the suspension
or revocation of the owners driving privileges for failure to pay
the fine.
The public is additionally informed that the full text of
Ordinance No. ,C) Q is available for inspection or co
T--- pying at the
Meridian City Hall, 728 Meridian Street, Meridian, Idaho.
This Summary was approved by the Meridian City Council on
January 6, 1986 at its first regular meeting in January.
DATED this /�/) day of January, 1986.
Jack l iemann/'City Clerk
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4461
ATTORNEYS CERTIFICATE
The attached Summary of Ordinance No. �(y
is true and
complete and provides adequate notice to the
public of said
Ordinance No. �Jb Q which is an Ordinance amending the Motor
Vehicle Emission Control Ordinance, Revised and Compiled
Ordinances of the City of Meridian, Title 7, Chapter 6.
DATED this r
day of January, 1986.
Wayne G. Crookston, Jr.
City Attorney
City of Meridian
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4461