Chapter 18.04
VEHICLE EMISSIONS
Sections:
18.04.030 Emissions from gasoline-powered engines.
18.04.040 Emissions from diesel-powered engines.
18.04.050 False representation unlawful.
18.04.060 Violation—Penalties.
18.04.080 Summons for violation.
18.04.010 Purpose.
This chapter is enacted to protect, preserve and promote the health, safety and welfare of the citizens of city through the reduction, prevention and control of air pollution. It is the intent of this chapter to establish and provide for the enforcement of emission regulations which will assure that ambient air be adequately pure and free from smoke, contamination, pollutants or synergistic agents injurious to humans, plant life, animal life or property, or which interfere with the comfortable enjoyment of life or property or the conduct of business. (Prior code § 14 1/2-11)
18.04.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter and all regulations adopted under this chapter:
“Air contaminant” means any fume, smoke, particulate matter, vapor, gas or any combination thereof, but not including water vapor or steam.
“Atmosphere” means the air that envelops or surrounds the earth.
“Compliance” means satisfactory adherence to the requirements of this chapter and any rules and regulations promulgated and adopted under this chapter.
“Emission” means the discharge or release into the atmosphere of one or more air contaminants.
“Engine” means any internal combustion machine such as found in motor vehicles which utilize gasoline or diesel fuel.
“Opacity” means the degree to which an emission reduces the transmission of light, expressed in percentage of the obscuration.
“Particulate matter” means any material, except uncombined water, that exists in a finely divided form as liquid or solid.
“Person” means any person, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user or owner and shall include any municipal corporation, state or federal government agency, district or any officer or employee thereof.
“Qualified observer” means an observer who has achieved certification by the Colorado Department of Health Air Pollution Control Division after satisfactorily completing a course in observing, grading and recording visible emissions in terms of opacity.
“Smoke” means small gas-borne particles resulting from incomplete combustion and consisting predominantly, but not exclusively, of carbon and other combustible materials.
“Vehicle” means all vehicles propelled by power, other than muscular power, including by way of example but not by limitation, automobiles, trucks, motorcycles, construction equipment and farm tractors. (Prior code § 14 1/2-12)
18.04.030 Emissions from gasoline-powered engines.
No person shall cause to be emitted into the atmosphere from any vehicle with a gasoline-powered engine any visible emission. Such emissions that are a direct result of cold engine start-up shall be exempt. (Prior code § 14 1/2-13)
18.04.040 Emissions from diesel-powered engines.
No person shall cause to be emitted into the atmosphere from any vehicle with a diesel-powered engine any visible emission for a period greater than ten (10) consecutive seconds, which is of twenty
(20) percent opacity or greater. Such emissions that are a direct result of cold engine start-up shall be exempt. (Prior code § 14 1/2-14)
18.04.050 False representation unlawful.
A. It is unlawful for any person to misrepresent or give any false or inaccurate information or in any way attempt to deceive a licensed repair garage or the Glendale Police Department in order to avoid compliance with the provisions of this chapter.
B. It is unlawful for any licensed repair garage or its agents to misrepresent any fact, falsely certify any repair or in any other way attempt to mislead the Glendale Police Department into believing that air pollution standards are being met. (Prior code § 14 1/2-18)
18.04.060 Violation—Penalties.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Each day’s violation shall be deemed a separate offense. The penalty for each offense shall be as specified in Section 1.16.010. (Prior code § 14 1/2-15)
18.04.070 Enforcement.
Section 18.04.040 of this chapter shall be enforced by qualified observers in the city Police Department and all other qualified observers who are authorized by the court to issue summonses. All other provisions of this chapter shall be enforced by all of the above persons as well as all other authorized law enforcement officers of the city. All persons authorized to enforce this chapter may exercise their discretion and issue a warning rather than a summons. The warning shall notify the individual of the nature of the violation and recommend that the cause of the violation be remedied as soon as possible. No person may stop a vehicle for a violation of this chapter, or make an arrest for a violation of this chapter, unless such person is so empowered by law. (Prior code § 14 1/2-16)
18.04.080 Summons for violation.
A. Any individual who is given a summons for a violation of this chapter shall be required to appear in the Glendale Municipal Court on the regular court arraignment date next closest to the expiration of thirty (30) days thereafter, to answer charges of violation of this chapter. Within the period set forth in this section, the person summoned shall either repair the engine to comply with the provisions of this chapter or cease operating the vehicle within the city.
B. If prior to the court appearance date, the vehicle which is the subject of the summons is repaired and found to be in compliance with the provisions of this chapter after a test conducted by a licensed repair garage or the Police Department, the summons shall be dismissed without further proceedings. Such compliance shall be evidenced by an appropriate written document.
C. The Police Department may, upon request, extend the compliance period for a period of not to exceed fifteen (15) days from the date of request. The Police Department shall notify the Court of the extension. (Prior code § 14 1/2-17)
18.04.090 Variances.
Any person aggrieved by an act of enforcement taken under the provisions of this chapter may appear for variance to the Arapahoe County Air Pollution Variance Board within thirty (30) days of the issuance of the summons in the manner provided by the Arapahoe County Air Pollution Variance Board. The Arapahoe County Air Pollution Variance Board may authorize, upon appeal in specific cases, such variance from this chapter or the rules and regulations adopted pursuant thereto subject to the terms and conditions fixed by the Variance Board as will not adversely affect the public health, where owing to exceptional and extraordinary circumstances, literal enforcement of applicable provisions will result in unnecessary hardship. The burden of proof is upon the appellant to show by clear and convincing evidence that the appellant will suffer undue hardship if the variance is not granted. The filing of an appeal shall be grounds for continuing the arraignment on the summons. Any variance granted pursuant to the provisions of this chapter shall be granted for such period of time and under such conditions as shall be specified by the Arapahoe County Air Pollution Variance Board. Any person aggrieved by any final order of the Arapahoe County Air Pollution Variance Board may appeal to the court of competent jurisdiction. The granting of a variance shall be grounds for dismissal, and the summons shall be dismissed. (Prior code § 14 1/2-19)