1. (a) No person may permit the nonessential idling of a locomotive under its control or on its property between 8 p.m. and 7 a.m.

2. (b) Idling is nonessential if it is not a result of 1 or more of the following circumstances:

   1. (1) Traffic conditions.
   2. (2) The direction of a law-enforcement officer.
   3. (3) The operation of defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passenger.
   4. (4) The operation of the primary propulsion engine for essential work-related mechanical or electrical operations other than propulsion.
   5. (5) Required maintenance, servicing, repairing, diagnostics, or inspections.
3. (c) This section does not apply within the boundaries of property zoned for industrial activity by the county or municipality having jurisdiction over the property.

80 Del. Laws, c. 162, § 1