10-1-5 Nuisances.
A. It is unlawful for any person to maintain a public nuisance. Anything which is injurious to health or indecent or offensive to the senses, or which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons, or which unlawfully obstructs the free passage or use in a customary manner of any public place, street, sidewalk or alley in the town is a public nuisance and subject to summary abatement.
B. Idling Motor Vehicles.
1. No commercial vehicle or diesel-powered vehicle shall be left with engine idling or auxiliary motor running while directly adjacent to a developed residential zone within the Town.
a. Between the hours of 7:00 p.m. and 7:00 a.m., any commercial or diesel-powered vehicle left idling for any length of time will be presumed in violation of this section.
b. At all other times, a commercial or diesel-powered vehicle left idling for thirty (30) minutes or more shall constitute a violation of this section.
2. This section does not apply to emergency vehicles, public works or public utility vehicles engaged in the performance of emergency or operational duties.
3. For the purpose of this section the following definitions apply:
a. “Commercial vehicle” means a motor vehicle designed or regularly used to carry freight, merchandise, or more than ten (10) passengers, whether loaded or empty, including buses, but not including vehicles used for vanpools or vehicles built and operated as recreational vehicles.
b. “Engine idling” refers to a commercial or diesel-powered vehicle parked or not in use with its engine running. ((O)08-06, 04/02/2008)