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484 Motor Vehicle Emmissions Control55 ORDINANCE NO. 484 AN ORDINANCE AMENDING MERIDIAN CITY ORDINANCE NUMBER 441:, PERTAINING TO MOTOR VEHICLE EMISSION CONTROL, SETTING FORTH ADDITIONAL DUTIES AND POWERS OF THE AIR QUALITY BOARD; AMENDING THE COMPLIANCE STICKER CHANGE FROM $3.00 TO $3.75; AND AMENDING THE EFFECTIVE TERMINATION DATE; 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 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 Meridian, Idaho, ~~ have concluded that it is .in 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 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 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 Motor Vehicle inspection and maintenance and consumer education will reduce the level of vehicular air pollution and provide motorists with objective maintenance information regarding their vehicles. C. It is further found and declared that the federal government has mandated to the several states and local entities the ultimate responsibility for periodic Motor Vehicle inspection and maintenance. Ada County has been designated as a non-attainment area for carbon monoxide and as such is .mandated under the Clean Air Act to implement a Motor Vehicle inspection and maintenance program;. that the City of Meridian is in Ada County and an integral part thereof. D. The purpose of this ordinance is to protect the health and welfare of the citizens of Ada County, to provide for the control of air pollutant emissions from Motor Vehicles above certain levels as determined by the Board and to require annual inspection of certain Motor Vehicles in order to comply with the Federal Clean Air Act, as amended. E. It is further found and declared that fuel economy is a legitimate legislative purpose and that an emission control program will result ir, 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 49-585(t), Idaho Code; and that this Section is temporary and experimental in nature and is necessary to deal with the special conditions of carbon monoxide air pollution in Ada County. 6--1--3-3: DEFINITIONS: AIR PROGRAM The Automotive Inspection and Readjustment~Program established by the Air Quality Board in accordance with this Section which implements and operates the annual idle emissions test for 1970 and newer Motor Vehicles under 8500 pounds gross vehicle weight. This action establishes - -56 APPROVED EXHAUST GAS ANALYZER ~t AUTOMOTIVE INSPECTION AND READJUSTMENT (AIR) STATION an "idle test" that meets the requirements for "Motor Vehicles; Emission Control System Performance Warranty Short Tests", listed in Section 207 (b) of the Clean Air Act, 42 U.S.C. 7541 (b). A device for sensing the amount of air contaminants, including carbon monoxide in the exhaust emissions of a Motor Vehicle. For the purpose of this Section, this shall mean analyzing devices of the non-dispersive infrared type, or any other analyzing devices that provide equal or greater accuracy as approved by the Board. A facility which meets the requirements of the Board and is so equipped as to enable a Motor Vehicle exhaust gas emissions inspection and any necessary adjustments to be performed and which is owned and 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 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 A sticker that certifies that the Motor COMPLIANCE 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 windsheild 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 specifications 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 EMISSION Equipment designed by the manufacturer for CONTROL DEVICE installation on a Motor Vehicle for the purpose of reducing pollutants emitted from the Motor Vehicle, or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the vehicle. JOINT POWERS AGREEMENT That agreement which was entered into pursuant to Chapter 23, Title 67, of 5'7 the Idaho Code between the City of Boise and the County of Ada on September 12, 1983 and by the City of Meridian on November 5, 1984. Further, any municipality within Ada County which adopts a resolution supporting the requirements of this ordinance shall be deemed to be included. 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, for which Ada County is entered or required to be entered u n the registration. For the purposes of this Section, the following vehicles shall be exempt from compliance. Motorcycles as defined in Section 40-101, Idaho Code; "Idaho Old Timers" as defined in Section 49-134, Idaho Code; Farm tractors as defined in Section 49-101, Idaho Code; ' 4 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 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 Vehicle requirements of this Section. PASS-ADJUST CRITERIA Those standards set forth ir. 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 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 Quality Assurance procedures and other criteria necessary for the implementation 58 and operation of the AIR program, as adopted and amended by the Air Quality Board from time to time. SECTION MERIDIAN MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. TAMPERING ~ Removal or rendering inoperative an exhaust emissions control device including but not limited . to a catalytic converter, air injection system or leaded fuel restrictor. TEMPORARY REGISTRATION That Motor Vehicle Registration established under Title 49, Section 434, of the Idaho Code - which is valid for thirty (30) days or the seventy-two (72) hour requirement period provided for by 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 Motor Vehicles for which Ada County is entered or required to be entered upon the registration including all Motor Vehicles owned by government entities and public utilities. Motor Vehicles not using gasoline or gasoline-mixed fuels must be inspected in accordance with Section 7.D. to verify fuel type and upon such verification no further compliance with this ordinance shall be required. Motor Vehicles weighing 1,500 ands or less and 8,500 pounds gross vehicle weight or more must be inspected in accordance with Section 7.F. to verify weight and upon such verification no further compliance with this Section will be required. B. ~1~he exhaust emissions 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 Motor Vehicle's exhaust. 2. A determination, according to test criteria established pursuant to this Section whether the Motor Vehicle's carbon monoxide emission 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. tiny person whose Motor Vehicle has been inspected at an official emissions inspection station shall, if such Motor Vehicle was not found to comply with the pass-adjust criteria, have the Motor Vehicle repair undertaken -at the owner's expense, and have the right wi:~hin ten (10) calendar days of the initial exhaust emissions inspection, but not thereafter, to return such Motor 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 inspection requirements of this 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 59 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 reinspection. All nonexempt Motor Vehicles must qe 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 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 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 'w,t~ti~.fourteen •-(:14~) days public notice of such meetings. The appropriate governmental entities, AIR Stations and AIR emissions mechanics shall be_notified of such amendments. B. In developing "Rules and Regulations" for the implementation and enforcement of this Section, the Board shall consider the following: 1. The ambient concentrations of carbon monoxide from Motor Vehicles ~n 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 equip- ment, repair or testing. 5. Amendments to the Rules and Regulations shall be administrative in nature for the purpose of addressing,. changes in.technology and law and to ensure the proper and efficient implementation and operation of the AIR Program_ C. The Board may recommend amendments to the schedule of~fees for Motor vehicle exhauts emission testing and certificates of compliance. All such fees and a~ such recommendation'shall take into account the generation of revenues which shall be sufficient to meet, but no`t exceed, the estimated cost of the initiation, operation, administration and enforcement of the AIR rop gram and the issuance of the appropriate certificates of com- ~liance. Any such recommendation shall be forwarded to each entity participating in the joint wer's agreement, together with supporting data, including but not necessaril limited to an accounting of revenues and expenditures, at least thirty 30 days prior to the date contemplated for the implementation of that recommendation. ~ such entity shall have ~he~right to review and a rove the schedule of fees utilized or proposed ~ the Board. However, the dollar amount of the fees set forth in Subsection 7C-4 m~ be_changed only ~ ordinance upon the mutual agreement of each entity participating in the joint powers agreement. one noara shall also: 1. Authorize the emissions inspection station to receive the Motor 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 subsection ~A Ordinance, that portion of the Motor 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 ,so evaluations of the inspection program., including, but not limited to, observed patterns of malfunctions in inspection of Mota.r Vehicles' exhaust emissions control devices, quantities of reductions in air pollution in Ada County and the City of Meridian subject to the provisions of this Section, and make recommendations to improve the inspection program. The Board shall provide annual written reports on such analyses and evaluations to participating agency. E. In order to document the evaluation required in sub-section D, the Board shall compile and maintian 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 resonably necessary to the • performance of said .duties, including .out not limited to: l:. The employemnt and personnel management. of necessary staff positions; 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 Emissions Inspection Fund which shall consist of the following:: 1. Money appropriated thereto by any local entity; 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 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 in- dicating 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.in- come to be used for such expenditure and justification for the magnitude • of the inspection fee to be levied according to this Section. SECTION 7.TNSPECTION CRITERIA AND COSTS: A. Applicability All nonexempt Motor Vehicles must be inspected at an AIR Station in accordance with Subsection 5 of this Section. Nonexempt Motor vehicles of the model year 1970 and newer registered or required to be registered in Ada County must comply with the yearly Emissions Test and adjustment procedures if the Motor Vehicle exceeds the model year percent CO Standards. 61 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 of Compliance Sticker in the lower left corner of the front windshield. 2. The Certificate of Compliance sticker will expire one year from the last days of the month of issuance. C. STANDARDS 1. Tampering - Motor Vehicles of the model year 1984 and newer are to be inspected for the presence of the catalytic converter, presence of the air injection, system and size of the fuel re- strictor. Motor Vehicles which have had those systems removed or defaulted are to be denied,a Certificate of Compliance until the Motor Vehicle owner restores them to their original or operating condition. The systems are not required to be in- stalled on Motor Vehicles which at the time of production did not have t}ie: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 adjustment or testing. Model Year 1970-- 74 1975 - 79 1980 1981 - AND NEWER o Carbon Monoxide 7.0 5.0': 3.0 1.2 3. Effective January 1, 1986 Motor Vehicle emissions must be less _ thin or equal to the following carbon monoxide emission pass- adjust criteria in order fora Certificate of Compliance to be issued without further adjustment or testing. Model Year ~ Carbon Monoxide 1970 - 74 5.5 1975 - 79 3.5 1980 1.5 1981 - AND NEWER 1.2 The Board may recommend amendments to the pass-adjust criteria as it deems necessary to meet the purpose of this Section. 4. The initial test cost including the three dollar ($3.00) compliance sticker charge shall not exceed ten dollars ($10.00), therefore the maximum an AIR station may charge for the test alone is seven dollars ($7.00). If a Motor Vehicle exceeds the model year standards during the initial test and the owner elects to utilize the ten (10) day period allowed for independent correction, the charge for that test without the issuance of a sticker shall be no more than seven dollars ($7.00). When the Motor Vehicle is returned and passes the free retest a Certificate of Compliance is issued and no more than three dollars ($3.00) may be charged. 5. Effective September 1, 1987, all compliance sticker charges shall be increased to three dollars and seventy-five cents ($3.75) Subsequent to September 1, 1987, the initial test cost shall not exceed ten dollars and seventy-five cents~$10.75). 6. 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. ,sz 7. Free restest procedures are available for those[Y;Motor Vehicle 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 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 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 Motor Vehicles to any licensed emissions testing station for verification of the fuel type by a licensed emissions mechanic. There shall be no cost to the Motor Vehicle owner for verification of an alternate fuel type. Upon such verification, the licensed emissions testing station shall submit the completed data form to the Air Quality Board, in accordance with the Rules and Regulations governing the operation of licensed emissions testing staions. The Motor Vehicle owner's copy of the test data form must be retained in the Motor Vehicle. E. Verification of Out-Of-County Resident Status Motor Vehicle owners who receive a test data form from the Air Quality Board but permanently reside in a county other than Ada County will be exempted from the emission testing requirement upon submission of the owners notarized affidavit to the Air Quality Board that his/her permanent residence and domicile is outside of Ada County, and upon verification of such residency. F. Verification of Motor Vehicle Weight Owners of Motor Vehicles weighing 1,500 pounds or less or 8,500 pounds gross vehicle weight or more, shall be required to take their Motor Vehicle to ~ licensed emissions testing station for verification of weight. There shall be no cost to the Motor Vehicle owner for verification of weight. Upon such verification, the licensed emission testing station shall submit the completed data form to the Air Quality Board, in accordance with the Rules and Regulations governing the operation of licensed emission stations. The Motor Vehicle owners copy of the test data form must be retained in the Motor Vehicle.° SECTION 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 " 6~~3 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 omits authorized representatives, upon notice and an opportunity for a hearing, may suspend revoke and/or require the surrender and forfeiture of any AIR Station License of the AIR station permittee if it finds that such station is not operated in accordance with this Section or the Rules and Regulations adopted pursuant to this Section. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations. B. Improper Representation: 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 certificate shall be serially numbered and shall be accounted for. SECTION 9. EMISSION INSPECTION MECHP;NI6S: A. Licensing 1. •l~he 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 emissions inspection mechanic, the Board shall consider criteria including but not limited to the following: a. Successful completion of the Board authorized emission mechanic zifteen (15) hour course or pass the challenge test offered in lieu of the course. • b. ether 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 or its authorized representatives, upon notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of an AIR Emission Mechanic's License if the Board finds that such mechanic does not operate in accordance with this Section or the Rules and Regulations adopted pursuant to this Section. The procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations. 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 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 -~~eans any special equipment, tools, materials or facilities needed to adequately administer, investigate or enforce the provisions of this ordinance or the regulations adopted pursuant hereto provided, however, any acquisition made by the Board shall comply with all statutory requirements imposed upon each participating agency for the purchase or receipt of property. B. Exhaust emission Certificates of Compliance are the property of the Board s4 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, or alternation 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 may 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 owner's of Motor Vehicles subject to the provisions of this Section, free of charge. C. The Board shall conduct a series of orientation seminars to familiarize automobile mechanics and owners of Motor Vehicles subject to provisions of this Section with the standards, procedures and forms to be utilized in the inspection program and, in particular, with maintenance and repai~. procedures recommended by the Board for performance on Motor Vehicles failing to pass inspection. Such seminars shall be conducted •- at locations selected on the basis of participant's convenience of access. SECTION 15. EFFECTIVE DATE ~n April 1, 1990, This ordinance shall be rendered null and void unless extended by ordinance. This section shall also be null and void at such time as Ada County attains compliance with air ualit requirements under the Federal Clean Air Act as amended. SECTION 16. PENALTIES: Any person sho 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 identical to this Ordinance; other cities in~Ada County may already have 65 ~.assed or will pass, sucn an orainance; the City of Meridians 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 abatement program of carbon monoxide; that individual municipal enforcement would be duplicate and inefficient government and probably un- enforceable 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. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 18th day of August, 1987. .Approved: ~'~~!/ G P. KINGSF , Y ATTEST: ordinance No. 485 AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PART OF BLOCK 4 OF THE AMENDED rLAT OF F. A_ NOURSE'S THIRD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO;.- ALSO KNOWN AS 1403 EAST FIRST STREET, MERIDIAN, IDAHO, AND A PART OF THE NW a NW 4, SECTION 7, T. 3N., R. lE. PARCELS 3480, 3500, 3510 AND 3520, ADA COUNTY, IDAHO, ALSO KNOWN AS 1320, 1326, 1332 AND 1404 EAST FIRST STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. `" ...,__,:1wHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and J change the zoning from (R-15) Residential to (C=C) Community Commercial, for the following described parcels of land: Parcel A: Beginning at the NE corncer of Bloek:4 of the Amended Plat of F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, according to the plat thereof, filed in Book 7 of plats at Page 299, records of Ada County, Idaho; thence south along the East line of said Block.:4 a distance of 248 feet to the real place of beginning, and from said point running South 68 feet to the SE corner of said Block 4; thence West along the South line of said Block 4 a distance of 223.15 feet to the East line of property.described in Warranty Deed to Terry E. McGoldrick recorded as Instrument No. 365961, records of Ada County, Idaho; hence North along said property 6$ feet; hence past parallel to the South line of said Block-:4, 223.15 feet, more or less, to the Place of Beginning. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 SUMMARY OF ORDINANCE NO.A On August 18, 1987, at its regular meeting on the second Monday of the month the Meridian City Council passed and approved Ordinance No. 484 which Ordinance amends Title 7, Chapter 6, of the Revised and Compiled Ordinances of the City of Meridian, entitled MOTOR VEHICLE EMISSIONS CONTROL; the Title of Ordinance NO. 484 reads as follows: AN ORDINANCE AMENDING MERIDIAN CITY ORDINANCE NUMBER 441, PERTAINING TO MOTOR VEHICLES EMISSION CONTROL, SETTING FORTH ADDITIONAL DUTIES AND POWERS OF THE AIR QUALITY BOARD; AMENDING THE COMPLIANCE STICKER CHARGE FROM $3.00 TO $3.75; AND AMENDING THE EFFECTIVE TERMINATION DATE; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of Ordinances No. 484 are: 1) It provides that vehicles exempted from emissions control because of weight must verify that weight. 2) It provides that the Air Quality Board may recommend amendments to the schedule of fees for mortor vehicles exhaust emission testing and certificates of compliance and provides :riteria for such recommendations. 3) It provides that effective September 1, 1987, all !ompliance sticker charges shall be increased from three dollars $3.00) to three dollars and seventy-five cents ($3.75). 4) It provides that subsequent to September 1, 1987, the initial test cost shall not exceed ten dollars and seventy-five cents ($10.75). 5) It provides for free verficiation of weight by licensed emissions testing stations for those vehicles seeking an exemption because of vehicle weight. 6) It provides that it shall become null and void on April 1, 1990 or at such time as Meridian attains compliance with Federal Clean Air Act requirements. 7) It provides for an emergency effective date and Ordinance No. 484 will be effective upon publication of this summary. The public is additionally informed that the full text of Ordinance No. 484 is available for inspection or copying at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho. This Summary was approved by the Meridian City Council on August 18, 1987 at its second regular meeting in August. DATED this/� day of August, 1987. Jack %NiemanX, City Clerk AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 ATTORNEY'S CERTIFICATE The attached Summary of Ordinance No. 484 is true and complete and provides adequate notice to the public of said Ordinance No. 484 which is an Ordinance amending the Motor Vehicle Emission Control Ordinance. DATED this ./'74-7 day of August,, 1987. Wayn G. Crookston, Jr. City Attorney City of Meridian AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4481 ORDINANCE NO. AN ORDINANCE AMENDING MERIDIAN CITY ORDINANCE NUMBER 441 PERTAINING TO MOTOR VEHICLE EMISSION ADDITIONAL DUTIES CONTROL SETTING FORTH AND POWERS OF THE COMPLIANCE STICKER CHARGE FROM THE AIR QUALITY BOARD; AMENDING ^3 THE EFFECTIVE TERMINATION DATE; AND $3.00 TO ~ PROVIDING^N 75; AND AMENDING EFFECTIVE DATE. WHEREAS, Air Pollution has become a significant problem i Ada County; n 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 Ad County; a 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 provisions to reduce the carbon monoxidei Pollution and such to be effective upon approval hereof, a r 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 Mot Vehicles are the major source of carbon monoxide ai o or Pollution in Ada County and on such air polluti i r hazard in Ada County of which the City of Meridian s aihealth part. s a B. Itisfurther found and declared that an effective t periodzc �otor Vehicle inspection and mainten sys em of consumer education will reduce the level f ance and o pollution and provide motorists with objeti«ehicular air zn+ormation regarding their vehicles, c «e maintenance C. Itisfurther found and declared that the federal .asmandated to the several states and local entities the government ultimate responsibility for periodic Motor Vehicl inspection n and maintenance. Ada County has been e as non-atraznment area for carbon monoxide andesignated aa u as such is 1 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. Thepurpose of this ordinance is to protect the health and welfare of the citizens of Ada County, to provide f th control of air pollutant emissionsf ' or e certain levels as determined b from Motor Vehicles above annual inspection of certain Motor Vehicles and to require complY with the Federal Cl u u' enzc�es in order to Clean Air Act, as amended. E. It is further found and declared that fuel econom i legitimate legislative purpose and that an emi y s a ssi program will result in Motor Vehicle fuel savingson control residents of Meridian, for the F. It is further found and declared that the adoption of this Section is pursuant to Section 49-585(t) Idaho Cod d that this Section is temporary and experimental in e;na tan and is necessary to deal with the special conditionure carbon monoxide air pollution in Ada County. s o� 6--1--3-3: DEFINITIONS: AIR PROGRAM The Automotive Inspection and Readjustment Program established by the Air Quality Board in accordance with this Section which implements and operates the annual idle emissions test for 1970 and newer Motor Vehicles under 8500 pounds gross vehicle weight. This action establishes an "idle test" that meets the requirements for "Motor Vehicles; Emission Control System Performance Warranty Short Tests" listed in Section 207 (b) of the ' ~lean 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 emissions of a Motor Vehicle. For the purpose of this Section, this shall mean analyzing devices of the non -dispersive infrared type or any other analyzing devices that Provide equal or greater accuracy as approved by the Board. AUTOMOTIVE INSPECTION A facility which meets th AND READJUSTMENT (AIR) of the Board and i e requirements STATION enable a Motornyehc�e exhaust gas s so equipped as to 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 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 that certifies that the Mot t or 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 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 specifications 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 EMISSION CONTROL DEVICE Equipment designed by the man f t for installation on a MotorVuhaclurer = ^� e for '' the purpose of reducing c ng pollutants emitted from the Motor Vehicle, or a system or engine modification of a vehicle which causes a reduction of Pollutants emitted from the vehicle. JOINT POWERS AGREEMENT That agreement which was entered into pursuant to Chapter 23, Title 67 of th Idaho ''i e Code between the City of Boise and the County of Ada on September er 12' 1983 and by the City of Meridian n on November 5' 1984^ Further an within Ada County' y municipality which adopts a resolution supporting the requirements of this ordinance shall be deemed to be included. 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-.._.....r.purposes of this Section, the following vehicles shall be exempt from Motorcycles as defined in Section 40-1015 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 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 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 fir public, private, or municipal m' corporation, association trust, rust, estate, 4 agency, political subdivision 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 Quality Assurance procedures and other criteria necessary for the implementation and Operation of the AIR Program, as adopted and amended by the Air Quality Board from time to time. SECTION MERIDIAN MOTOR VEHICLE EMISSIONS CONTROL ORDINANCE. TAMPERING Removal or rendering inoperative an exhaust emissions control device including but not limited to a catalytic converter, air injection system or leaded fuel restrictor. TEMPORARY REGISTRATION That Motor Vehicle Registration established under Title 49, Section 434 of the Idaho Code which is valid for ' thirty (30) days or the seventy-two (72) hour requirement period provided for by the Idaho Transportation Department form MVD-502. SECTION 4 INSPECTION -MAINTENANCE PROGRAM CREATED: A. The Board shall implement a program for the man a d t exhaust emissions inspection and maintenanceory annual Motor Vehicles registered -or �of certain AdL'kG ta t ..g.intration including all Motor Vehicles 5 B. The exhaust emissions of each Motor Vehicle shall includ all of the following: e 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 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 Vehicle has been inspected at an official emissions inspection station shall if such Mot Vehicle was not found to comply with the' or pa criteria, par have the Motor Vehicle repair pass -adjust owner's expense, and have the rightwithin at the days of the initial exhaust emissionszn ten (10> calendar thereafter, to return such Moto Vehicle inspection, but not r emissions inspection station f enzc1e to the same charge, or one reinspection without D. Subsequent to the adoption and effective date of thi Ordinance, all nonexempt Motor Vehicles shall b s e comply with the inspection requirements of this Section to such time as said Motor Vehicles are required t ecrzon at o renew registration under Title 49 of the Idaho register or a the expiration date of any Certificate of Compliance or upon said Motor Vehicle if different than the p zance for registration/renewal date. The Certificate of Compliance expiration date shall, in all cases, determine the compliance date for reinspection. All nonexempt Motor Vehicles must be inspected annually. Motor Vehicleshi h are under temporary registration which do not ha w c Certificate of Compliance are required to have «e a current test performed within ten (10) calendard «e an emissions expiration of the temporary registration.days of the must be reinspected during the month Motor Vehicles n Compliance expires The R l ��e Certificate of ^ the return of a test datau es and Regulations shall require compliance. It shall b +o�m indicating inspection of this Se tia e prima facie evidence of a violation c o n ifsaid form is not returned when or a Certificate of Compliance is not displayed. en required SECTION 5, DUTIES AND POWERS OF THE BOARD: A. TheeBoard, in accordance with the criteria her i Shall adopt Rules and Regulations as are necesn e:pressed' sary for the 6 implementation and operation of the AIR Program and d those Rules and Regulations from time to time as it amen necessary. Any such amendments must be made at deem- Any Air Quality Board meetings with fourteen regu1arly public notice of such meetings The (14) days . appropriate governmental entities, AIR stations and AIR emissions mechanics shall be notified of such amendments. B. In developing "Rules and Regulations" for the implement ti on and enforcement the following; of this Section, the Board shall consida er 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 Ad~ 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 � C. The Board may recommend amendments to the schedule of fees vehi _tees J 7 eaQL Board shall also: P­R!!t2L.' The 1. Authorize the emissions inspection Stationt the Motor Vehicle inspection fee allowed o receive Section. undo this 2. Require the emissions inspection station to remit t the Board for deposit in the vehicle inspectionf o established pursuant to subsection 6A Ordinance, und' portion of the Motor Vehicle inspectionf that the cost of administering and enforcing fee to defray orc of this Section, nQ the provisions D. The Board lshall conduct ongoing cost -benefit analyses and othere,auarzons of the inspection program, including but not limited to, observed patterns of malfunctionsi ' inspection of Motor Vehicles' exhaust emissions n devices, quantities of reductions in i control County and the City of Meridian subject in Ada this Section, and make recommendationsc o the Provisions of inspection program The Board to improve the reports on such ^ ar shall Provide annual written agency, uc analyses and evaluations to participating E. In order to document the evaluation required i U' the Board shall compile and maintainn sub -section maintenance and repairs performed Pursuant records of A written summary report of such information uanr �o this Section. Prepared annually by the Board dshall be Public upon request, an made available to the F. In performing its duties and responsibiliti shall have the authority to undertake es' the Board any a necessary to the performance of said duties reasonably not limited to: urzes, including but 1. The employment and personnel management staff positions; of necessary 2. The execution of necessary contracts and documents; 3. The authorization of expenditures from the Mot Vehicle Inspection Fund; or 4. The formulation of regulations ne implementation and administration to the on of the program; 5. Conduct regular meetings; 6. Acquire and dispose of personal property. 8 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 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 administering any aspect of the emissions inspection program. C. The Board shall appropriate and budget on a fiscal year basis, in accordance with the statutory requirements of the member agencies indicating expenditures to be made in implementation and administration of the Motor Vehicle emissions inspection program established according to this Section. The budget shall include indication of sources income to be used for such expenditure and justificationof the magnitude of the inspection fee to be levied for e to this Section, according SECTION 7. INSPECTION CRITERIA AND COSTS: A. Applicability All nonexempt Motor Vehicles must be inspected at anAIR Station in accordance with Subsection 5 of this Secri Nonexempt Motor Vehicles of the model year 1970 andon. newer County registered or required to be registered in Ada C ty must comply with the yearly Emissions Test and adjustment procedures if the Motor Vehicle exceeds the mode Percent CO standards. � year B. Identification of Motor Vehicles required to Automotive Inspection & Readjustment Progra.comply with the 1. Motor Vehicles that are required to comply with the Ai ProgramProgram wz11 be identified with an Air Pr r Certificate of Compliance Sticker in the lower corner of the front windshield, left 15 C. 2. The Certificate of Compliance sticker will expire one year from the last day of the month of issuance. Standards 1. Tampering - Motor Vehicles of the model year 1984 and newer are to be inspected for the presence of the catalytic converter, presence of the air injection system and size of the fuel restrictor. Motor Vehicles which have had those systems removed o'^ defaulted are to be denied a Certificate of Compliance until the Motor Vehicle owner restores them to their original or operating condition. The systems are not required to be installed on Motor Vehicles which at the time of production did not have the system installed by the manufacturer. 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 adjustment or testing. Model Year 1970 - 74 1975 - 79 1980 1981 - AND NEWER 7.0 5.0 3.0 1.2 3. Effective January 1, 1986 Motor Vehicles emissions t monoxide be less than or equal to the following carbonmust emission pass -adjust criteria in order for aide Certificate of Compliance to be issued without furth adjustment or testing, er 1odel Year 1970 - 74 1975 - 79 1980 1981 - AND NEWER 5.5 3.5 1.5 1.2 The Board may recommend amendments to the pass -adjust criteria as it deems necessary to meet the e purpose of his Section, 4. The initial test cost including the three doll ($3.00) compliance sticker charge shall tar dollars ($10.00), therefore the maxim no e:ceed ten um may charge for the the test alone is an AIR station ($7.00). If a Motor Vehicle exceeds seven dollars ee s standards during the initial t the model year to utilize the ten (10) daytest and the owner elects period allowed for 10 D. E. independent correction, without the issuance of seven dollars ($7.00), returned and passes the Compliance is issued and ($3.00) may be charged. the charge for that test a sticker shall be no more than When the Motor Vehicle is free retest a Certificate of no more than three dollars s6. 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 67. Free retest procedures are available for those Moto' ^ Vehicle 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 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 for these adjustments and/or repairs may not exceed fifteen dollars ($15.00) for model years 1970-1980 or thirty dollars ($30.00) for model years 1981 and newer. Verification of Alternate Fuel Types Owners of Motor Vehicles powered solely by a fuel other th gasoline or gasoline mixed fuels, shall be required to t kan a their Motor Vehicles to any licensed emissions testinge station for verification of the fuel type by a licensed emissions mechanic. There shall be no cost to theMotor fuel Vehicle owner for verification of an alternate f l Upon such verification, the licensed emissions ttitype^ station shall submit the completed data f t �� ng Quality Board, in accordance with the Rules o the Air u governing the operation of licensed emissionses and Regulations stations. The Motor Vehicle owner's testing form must be retained in the Motor Vehicle. Verification of Out -Of -County Resident Status Motor Vehicle owners who receive a test data f Air Duality Board but permanently reside inorm from the a county other 11 than Ada County will be exempted from the emission testi requirement upon submission of the owners notarized ng affidavit to the Air Quality Board that his/her permanent residence and domicile is outside of Ada county, and u n verification of such residency. ' Pon F. 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 criteri including but not limited to the following: a a. Possession of an approved exhaust gas analyzer other tools and equipment and licensed ' necessary to conduct the required emissions personnel and test; b. Other criteria as deemed necessary by the Board i order to further the public interest and c n the purposes of this Section. carry out 3. The Board shall adopt Rules and Regulations providi for the submission by holders of an AIR StationLi ng of such information as they deem reasonably cense nay ne to carry out the purposes of this Sectn.cessary 4. The Board or its authorized represent ti notice and an opportunity for a hearia «es' upon revoke and/or require the surrenderng' may suspend a any AIR Station License of the AIR forfeiture of it finds that such station is notx station Permittee if accordance with this Section or the Rules and operated in Regulations adopted pursuant to thi s Section. The 12 Procedure and grounds for suspension or revocation shall be set forth in the Rules and Regulations. 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 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 Boardn order to further the public interest and � the purposes of this Section^ carry out 3. The Board shall adopt Rules and Regulations providin for the submission by holders of emission mechani g licenses of such information as they deem cs reasonably necessary to carry out the purposes of this Section. 4. The Board or its authorized representatives upon notice and an opportunity for a hearing, ma'r suspend revoke and/or require the surrender and f ' or an Air Emission Mechanic's License if theforfeiture of that such mechanic does not operate in Board finds a this Section or the Rules and Regulations with ons adopted pursuant to this Section. The procedure for suspension or revocation shall b and grounds Rules and Regulations, e set forth in the B. Improper Representation: 1. No person shall represent himself o h licensed emissions mechanic unlessr erself as a obtained a license issued by the he or she has Board. 13 2. A Certificate of Compliance shall not be affixed to any Motor Vehicle except by an emissions mechanic licensed by the Board. All such certificates shall be serially numbered and shall be accounted for. SECTION 10: ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD: A. The Board may acquire by purchase, donation dedication, other lawful means any special equipment,toolsmaterzalor or facilities needed to adequately administer,nvests or enforce the provisions of this ordinance ' ^ zgate nance or the regulations adopted pursuant hereto made by the Board o Provided, however, any s statutory requirements imposednal� comply with all upon each participating agency for the purchase or receipt of property. B. Exhaust emission Certificates of Compliance are the property orthe oarduntil such time as they are affixed to properly inspected o Motor Vehicles. SECTION 11, FALSIFICATION OF CERTIFICATES: A. No person shall make issue or display ` counterfeit or alteration f p ay any imitation, Compliance,' ' o an official Certificate of B. No person shall display upon any nonexempt Motor Vehic l Certificate of Compliance knowing it to be issued witeta ta compliance with this Section. SECTION 12. DEMAND OR COLLECTION OF IMPROPER FEE: Noof shall demand or collect a fee for the inspectionf Motor Vehicle, unless authorized by this ordinance Thea forth in this ordinance may be charged for exempt ^ t V+ees set r/o when testing is voluntarily requested by the Motor t or ehicles Vehicle owner. SECTION 13, ENFORCEMENT. - Nothing in this Section shall be construed to prevent th B from requesting utilization of any other enforcement e oard granteo �y law, mecnanzsms SECTION 14. PUBLIC INFORMATION: A. The Board shall make known to owners of subject Motor '_.ithe //e purpose of the vehicle emissions inspection p,ogram. A program of meetings, public hearing ^~,='aye, or any other form of communic ti =' mass media a Prescribed and provided, to orient and educate the public 14 regarding the purpose of the emissions inspection program as well as to elicit public participation in the de«e l ' and operation of the inspection program. opment 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 the most common adjustments and repairs likelytprogram' and required in order for the owner's Motor Vehicleu be inspection. It shall make available the locations of to pass a stations at which the inspection requirement can be met' e scheduling information, and information of th availability of mechanics to perform repairs location and inspection program. It shall be made availableb for the to owners of Motor Vehicles subject to the y ��e Board this Section, free of charge, provisions of C. The Board shall conduct a series of orientation semi familiarize automobile mechanics and owners of Mnars to Vehicles subject to provisions of this Section oror ec standards, procedures and forms to be utilizedon with the inspection program and, u in particularin the repair procedures , with maintenance and on Motor Vehicles recommended by the Board for performance failing to pass inspection Such shall be conducted at locations selected ^ uc seminars e participant's convenience of access on the basis of SECTION 15. EFFECTIVE DATES: ^ This ordinance shall be rendered null and void 3 -Years-from-theby ordinance. unless extended SECTION 16. PENALTIES: Any Person who violates any provision of this Section shall b deemed ~yuicyo+aninfraction and, upon conviction thereof e shall - fined ..=d�2�.0o for each violation. ' b SECTION 17. JOINT ORDINANCES: The Ada County Commissioners have previo l which is the counterpart of this Ordi us y passed an Ordinance nan Meridian and is basically identical tce for the City of cities in Ada County may already have o this Ordinance; other an Ordinance; the City of Meridi «e passed or will pass such that carbon monoxide in the Citsan' by this Ordinance, has agreed and this Ordinance i y of Meridian should be r = of to endeavor to do so; that the delegation the City o authoritY to the Air Quality B z�y finds appropriate and the most efficient and economical means of 15 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 count d state function rather than a City function. y an 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 e ec by law. n as required 16 PASSED by the City Council and approved by the Mayor of theCit o+ Meridian, Ada County, Idaho, this Zf�� day y of � ��__________, 198 .7 . ~ ^ ^ ATTEST: ""mv/ P. ��m���UMD, MAYOR _______ i man Citv Clerk 17