Township of Concord, PA Chapter 187 Vehicles, Engine Brakes

[HISTORY: Adopted by the Board of Supervisors of the Township of Concord 2-3-2004 by Ord. No. 275. Amendments noted where applicable.]

GENERAL REFERENCES

Noise disturbance — See Ch. 124.

Vehicles and traffic — See Ch. 185.

Motor-driven vehicles — See Ch. 190.

§ 187-1 Title.

This chapter shall be known and may be cited as the "Concord Township Engine Brake Ordinance."

§ 187-2 Legislative intent.

The Board of Supervisors of the Township of Concord, Delaware County, Pennsylvania, finds, as a fact, that the operation of an engine brake on a gasoline-powered or diesel-powered motor vehicle not equipped with mufflers, or equipped with defective or modified exhaust mufflers, so as to create excessive noise through the use of said engine brake, adversely affects the public health, safety, and welfare of the residents of Concord Township and, therefore, is a nuisance in fact.

§ 187-3 Use prohibited.

No gasoline-powered or diesel-powered motor vehicle shall be operated on the streets, roads, alleys or highways within the Township of Concord listed below utilizing, in said operation, an engine brake, without exhaust mufflers, permitting excessive noise to be created by said motor vehicles using the engine brake. The streets subject to this prohibition shall be as follows:

Street	Between
Route 1 (Baltimore Pike) [Added 6-5-2007 by Ord. No. 313]	From Route 202 (Wilmington-West Chester Pike) to Thornton Road and from Schoolhouse Lane to Stoney Bank Road
Route 202 (Wilmington Pike)	Bethel Township (Pyle Road) to Chadds Ford Township (Route 1/ Baltimore Pike)
Route 322 (Conchester Highway) [Added 6-5-2007 by Ord. No. 313]	From Route 1 to Fellowship Drive and from Smithbridge Road to Bethel Township line (approximately intersection of Route 322 and Garnet Mine Road)

§ 187-4 Exceptions.

This chapter shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Concord Township, other motor vehicle operators, pedestrians or the operator and passengers of the motor vehicle involved in said emergency situation.

§ 187-5 Violations and penalties.

For each violation of the provisions of this chapter, unless another penalty is specifically provided in the Pennsylvania Vehicle Code[1], any person who commits, permits, 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. Each use of such engine brake in Concord Township shall be considered a separate violation.

[1] Editor's Note: See 75 P.S. § 101 et seq.