HomeMy WebLinkAboutOrd 708 Implement and Enforce the State Rule regarding Motor Vehicle Idling LimitationAN ORDINANCE OF THE TOWN OF WESTLAKE TO IMPLEMENT AND ENFORCE THE
TEXAS STATE RULE ON LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS
AND TO APPROVE ENTERING INTO A MEMORANDUM OF AGREEMENT WITH THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TO ENFORCE THIS RULE
LOCALLY.
WHEREAS, the Dallas -Fort Worth area is a federally designated nonattainment area for
the pollutant ozone and air quality impacts the public and economic health of the entire region;
and
WHEREAS, the U.S. Environmental Protection Agency ("EPA") and the Texas
Commission on Environmental Quality ("TCEQ") jointly have considered emission reductions to
control air pollution from motor vehicles, and the Texas Legislature has created the Texas Clean
Air Act ("Act"), which addresses that purpose; and
WHEREAS, Section 382.113 of the Act provides authority for municipalities to enact and
enforce local laws and ordinances for the control and abatement of air pollution; and
WHEREAS, Locally Enforced Idling Restrictions is a Voluntary Mobile Source Emissions
Reduction Program commitment in the Dallas -Fort Worth 8 -Hour Ozone Attainment
Demonstration State Implementation Plan (SIP); and
WHEREAS, the Town of Westlake desires to actively participate in improving the air
quality of the region; and
WHEREAS, the Town Council finds that the adoption of this ordinance serves a public
purpose, and protects the health, safety, and welfare of the citizens of the Town of Westlake,_ by
limiting the pollution created by motor vehicles unnecessarily idling within the town's
jurisdiction;
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE:
SECTION 1: The Town Council endorses the TCEQ Idling Limitations Rule as
published in the Texas Administration Code, Title 30, Part 1, Chapter 114, Subchapter J,
Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling
Limitation.
SECTION 2: The Town Council approves the adoption and implementation of the TCEQ
Idling Limitation Rule by reference.
SECTION 3: The Town Council authorizes the Town Manager to execute a
Memorandum of Agreement, attached hereto, with the TCEQ for the purposes of local
enforcement of the Idling Limitation Rule in the Town of Westlake.
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the
terms or provisions of this Ordinance are hereby repealed.
Ordinance 708
Page 1 of 2
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of
Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the
same would have been enacted by the Town Council of the Town of Westlake, Texas, without
the incorporation in this Ordinance, of any such legally invalid or unconstitutional, phrase,
sentence, paragraph or section.
SECTION 6: This Ordinance shall take effect immediately from and after its passage as
the law in such case provides.
ATTEST:
Kelly'Edwar&, Town Secretary
,..
L
rney
Laura Wheat, Mayor
':74
Thomas E. Brym?r T wn Manager
Ordinance 708
Page 2of2