[Added 6-24-2002 by Ord. No. 518]
This article shall be known and may be cited
as the "Denver Borough Engine Brake Retarder Ordinance."
Borough Council of the Borough of Denver, Lancaster
County, Pennsylvania, finds, as a fact, that the operation of an engine
brake retarder or compression brake on a gasoline powered or diesel
powered motor vehicle creates excessive noise and adversely affects
the public health, safety and welfare of the residents of Denver Borough
and, therefore, is a nuisance in fact.
No gasoline powered or diesel powered motor
vehicle shall be operated on any of the streets, roads, alleys, or
highways within the Borough of Denver utilizing, in said operation,
an engine brake retarder or a compression brake.
This article shall not apply to emergency driving
situations requiring the utilization of an engine brake retarder or
compression brake to protect the safety and property of the residents
of Denver Borough, other motor vehicle operators, pedestrians, and
the operator and passengers of the motor vehicle involved in said
emergency situation.
This article shall not apply to emergency vehicles
operated by volunteer fire companies while responding to emergency
calls.
For each violation of the provisions of this
article, any person who commits, takes part in, or assists in any
such violation shall be liable upon conviction thereof in a summary
proceeding to pay a fine of not less than $100 nor more than $1,000
for each offense, together with the costs of prosecution.
