[HISTORY: Adopted by the Board of Supervisors of the Township of
West Lampeter 4-11-2005 by Ord. No. 188. Amendments noted where applicable.]
This chapter shall be known as "West Lampeter Township Engine Brake
Retarder Ordinance."
[Amended 8-8-2005 by Ord. No. 190]
The Board of Supervisors of West Lampeter Township, Lancaster County,
Pennsylvania, finds as a fact that the operation of an engine brake retarder
on a gasoline-powered or diesel-powered motor vehicle not equipped with exhaust
mufflers, or equipped with defective or modified exhaust mufflers, so as to
create excessive noise through the use of said engine brake retarder,
adversely affects the public health, safety and welfare of the residents in
the Township of West Lampeter and is a nuisance in fact.
[Amended 8-8-2005 by Ord. No. 190]
No gasoline-powered or diesel-powered motor vehicle shall be operated
on ay highways, streets, avenues, alleys and boulevards, etc., within the
Township of West Lampeter, Lancaster County, Pennsylvania, utilizing, in said
operation, an engine brake retarder without exhaust mufflers or with defective
or modified exhaust mufflers permitting excessive noise to be created by said
motor vehicle through the use of the engine brake retarder.
This chapter shall not apply to emergency driving situations requiring
the utilization of an engine brake retarder to protect the safety and property
of the residents of West Lampeter Township, other motor vehicle operators,
pedestrians and the operator and passengers of the motor vehicle involved
in said emergency situation.
[Amended 8-8-2005 by Ord. No. 190]
Signs shall be posted at the Township boundary lines in appropriate
places, advising motor vehicle operators of the prohibition of the use of
engine brake retarders consistent with this chapter.
Any person, persons, firm, corporation or organization violating any
of the provisions of this chapter shall, upon summary conviction before a
District Justice having jurisdiction, be sentenced to pay a fine of not more
than $600 and costs of prosecution and, in default of the payment thereof,
shall be sentenced to undergo imprisonment for a period not to exceed 10 days.
Any law enforcement officer of West Lampeter Township shall implement
the enforcement of this chapter.
