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
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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
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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
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