(1) It shall be unlawful, and a class C misdemeanor, for the owner or operator of a motor vehicle which has not passed an annual state or county motor vehicle emission inspection maintenance test, established pursuant to United States Environmental Protection Agency air quality regulations, within the last year, to operate or permit another to operate the motor vehicle within the municipal limits of Provo City for an aggregate total of more than sixty (60) days per any calendar year without obtaining a Utah County Vehicle Emission Inspection Maintenance Program test certificate valid for the date the motor vehicle is being operated within the municipal limits of Provo City.

(2) For purposes of this Section, any motor vehicle expressly exempt from obtaining a vehicle emission inspection maintenance test under the Utah County Vehicle Emission Inspection Maintenance Program because of the vehicle’s use, engine type, or age, etc., shall also be exempt from the requirements of this Section.

(3) Upon request of a Provo City police officer, the operator of a motor vehicle shall provide evidence: (a) that the vehicle has passed a vehicle inspection maintenance test in compliance with the requirements of Subsection (1) of this Section; (b) is exempt pursuant to Subsection (2) of this Section; or (c) is not being operated in Provo City for an aggregate total of more than sixty (60) days per any calendar year. Failure to provide such evidence shall constitute a prima facie case that the operator is in violation of this Section, however, a charge brought pursuant to this Section shall be dismissed by the court if a person charged with violating this Section provides the court with proof of compliance with this Section.

(4) The evidence of compliance required by Subsection (3) of this Section may include, but shall not be limited to, a current emission test certificate or motor vehicle registration indicating the vehicle is in compliance with a state or county motor vehicle emission inspection maintenance program established pursuant to United States Environmental Protection Agency air quality regulations, evidence that shows that due to the age of the vehicle, its type of engine, etc., that the vehicle is exempt from obtaining a vehicle emission inspection maintenance test under the Utah County Vehicle Emission Inspection Maintenance Program, or evidence that the vehicle is registered in another county or state and is not being operated in Provo for more than an aggregate total of more than sixty (60) days each calendar year.