LL 07 Prohibition of Diesel Vehicles Idling in Residential Zones QUEENSBURY STATE OF NEW YORK
TOWN CLERK DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 1 223 1-000 1
GEORGE E. PATAKI September 24, 2004 BANDY A. DANIELS
GOVERNOR SECRETARY OF STATE
Town of Queensbury
Darleen M Dougher, Town Clerk
Town Office Bldg
742 Bay Rd
Queensbury, NY 12804
RE: Town of Queensbury, Local Law 7, 2004, filed on 9/22/2004
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
WWW.D05.STATE.NY.US • E-MAIL: INFO@DOS.STATE.NY.US
RECYCLED PAPER
Local Law Filing NEW YORrSTATE DEFAIZTMENTOF STATE
41 STATE S1REb"l;ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
That of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
cam
CW of_ Queensburx_ ---
Town
— -------•----------------•----- _---------------------•---•-------
Local Law No------------------------------------ of the year 20 04-
A local law_to Amend the QueensburY_?'S� _�QS3�.kY-As3di. _ lYe �7Ctirle_��a --
Chapter 68 Entitled Prohibition of Diesel Vehicles Jd jW
in Residential Zones"
------------------------------------------------------------------------------------------------------
-------------- _�---
Be it enacted'by the ---Town Board ---------•-------------------------------—----•-----------------of the
)CMU% of Queensbua-Town -- _ as follows:
Mow
Section 1. Title and Authority - The Queensbury Town Code is hereby amended by adding
a new Article I of Chapter 68 entitled "Prohibition of Diesel Vehicles Idling in Residential
Zones." It is adopted pursuant to Municipal Home Rule Law §10.
Section 2. Legislative Intent - Concerns have been raised concerning idling of Diesel
Vehicles, particularly in the Town's residential zones. Such activity can produce offensive odors
and offensive noise which can harm the health, safety and welfare of residents. In addition, the
activities prohibited' in this Local Law waste fuel which is a limited resource,. causes
environmental harm and are inappropriate in a residential zone. It is the finding of the Town
Board that if a Diesel Vehicle needs to be warmed up or kept warm to run, then the licensed
driver of the Diesel Vehicle shall use a block heater to keep the engine warm.
Section 3. Definitions — For the purposes of this Local Law, "Diesel Vehicle" shall mean
any diesel-fueled vehicle requiring a CDL or higher license to drive. Notwithstanding the above,
"Diesel Vehicle" shall not include emergency vehicles (e.g., Fire or EMS), Town or other
municipal or state vehicles operating in the pourse of their duties (including, without limitation,
school buses) or utility company vehicles e�erating during an emergency or delivery vehicles
while making deliveries or making pick-ups at places,of business.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
Section 4. Prohibition - No person shall allow a Diesel Vehicle to run or idle its engine for
any length of time while the Diesel Vehicle is unattended. "Unattended" means where the
properly licensed driver of the Diesel Vehicle is not in the Diesel Vehicle's driver's seat and
awake. This prohibition shall be effective in all residential zones of the Town. The driver and
the registered owner of the Diesel Vehicle shall each be responsible for complying with this
Local Law.
Section 5. Enforcement—Failure to comply with the provisions of this Local Law shall be a
violation and, upon conviction thereof, shall be punishable by a fine of not more than $100 for
the first offense. The second conviction hereunder shall be punishable by a fine of not more than
$200 or imprisonment for a period of not more than three (3) days, or both. Any subsequent
offense shall be punishable by a fine of not more than $350 or imprisonment for a period of not
more than seven (7) days, or both. Each violation shall constitute a separate offense. The i
licensed driver of the Diesel Vehicle and, if different, the person in whose name the Diesel
Vehicle is registered shall each be considered and responsible for each violation of this Local
Law and this Local Law may be enforced against either one or both for each violation. -
Section 6. Severability - The invalidity of any clause, sentence, paragraph or provision of
this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof.
Section 7. Repealer - All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local law are hereby repealed.
Section 8. Effective Date - This Local Law shall take effect upon filing in the office of the
New York State Secretary of State or as otherwise provided by law.
(2)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
hezebX7��certi that the local law annexed he to deli ated as local law No. -_________________7_-_-_--__-_-_-__ of 20.04_
of the(G6XTo"ro � of1UENSURY ------------ was duly passed by the
TOW-EOARD ----------------------------- on 20N,in accordance with the applicable provisions of law.
Na a oJlesiAwive Bar)
L. (passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
[hereby certify that the local law annexed hereto designated as local law No. - of 20----� -
of the(CountyXCity)(TbwnXYllage)of------------—�------------------------------------------ was duly passed by the
----------------------------------------------- on------------------ 20--=,and was(approvedXnot approvedxrepassed after
(.V—.of Legu-sve Body)
disapproval)by the------------------=------------------------------- and was deemed duly adopted on --------=--------- 20----,
(Eke Chi4E-c uIve Officer-)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ------------------------------------of 20------
of the(CountyXCity)(Town)(Village)of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20--,and was(approved)(not approvedxrepassed after
(Maws ofletidaave Body)
disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective CGie Eucativc O,(/ica-)
to the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the(generalxspecialxannual)election held on------------------ 24--_ ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting_
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No- ----------------------------------- of 20------
of the(CountyXCity)(Town)(Village)of----------------------------------------------------------------- was duly passed by the
-------------------------------------------------- on------------------ 20----,and was(approved)(not approved)(repassed after
(Nava Of"S a 06-Body)
disapproval)by the-----------------+------------------------------- on------------------ 20--- . Such local law was subject to
(Ekctive ClreejE--d ve Offl ,-)
4
permissive referendum and no valid petition requesting such referendum-was filed as of------------------ 20L___ ,in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or
the supervisor of a town where such officer is vested with the power to approve-or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No- -----=----------------------------- of 20.-----
of the City of---------------------------------------------having been submitted to referendum pursuant to the provisions of
section(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the(special)(general)election-held on-------------------20_-_,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No.----- ____------- of 20.__-_
of the County of-------------------------------------------------- State of New York,having been submitted to the electors
at the General Election of November--------------------20----,pursuant to subdivisions S and 7 of section 33 of the
Municipal home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in-
dicated in paragraph-------1---,above.
• i
Ck&of em Cowty kgwaGw body,Chy,Towa or Vinaga Ci6k c
or ofC'im desi®oaiod by loci kgt helve body
(Seal) Date: Cf- I - o-I
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NSwWW
COUNTY OF
I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all pmper proceedings
have been had or taken for the enactment of the local law annexed hereto.
r
St°aa`` Robert H. Hafl>er
Town Counsel
ray
r,
G
Town
of Queensburp
Date: September ZQ , 2004
i
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09/22/2004 #2fl)-4Q'si .
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
- -- ---------------
Local law No. 7-2004.
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbur,, NY 12804
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