§ 16-210. Affirmative defenses.

The following constitute affirmative defenses to prosecution under this article:

(1)

A motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less;

(2)

A motor vehicle forced to remain motionless because of traffic conditions over which the operator has no control;

(3)

A motor vehicle being used by the United States military, national guard or reserve forces, or as an emergency or law enforcement motor vehicle;

(4)

The primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, not including propulsion, and passenger compartment heating or air conditioning;

(5)

The primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purpose;

(6)

The primary propulsion engine of a motor vehicle being operated solely to defrost a windshield;

(7)

The primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort or safety in those vehicles intended for commercial passenger transportation or school busses in which case idling up to a maximum of 30 minutes is allowed;

(8)

The primary propulsion engine of a motor vehicle used for transit operations in which case idling up to a maximum of 30 minutes is allowed;

(9)

The primary propulsion engine of a motor vehicle being used as airport ground support equipment; or

(10)

The owner of a motor vehicle rented or leased to a person who operates the vehicle and is not employed by the owner.

(Code 1990, ch. 6, § 7(D); Ord. No. 2006-04-18-06, 4-18-2006)