City Council
finds 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 said
residents of the City of Altoona, and is a nuisance in fact.
The use
of engine brake retarder by gasoline-powered or diesel-powered motor
vehicle traveling on the following locations in the City of Altoona
is prohibited:
31st
Street, also known as State Route 4005, from the City of Altoona's
western boundary with Logan Township to the intersection of State
Route 4003, Logan Boulevard and Beale Avenue.
This section
shall not apply to emergency driving situations requiring the utilization
of an engine brake retarder to protect the property and safety of
other motor vehicle operators, pedestrians, and operator and passengers
in motor vehicles involved in said emergency situation.
Signs shall be posted in the areas set forth in § 700-57B advising motor vehicle operators, consistent with this section, of the prohibition of the use of engine brake retarders.
Any person,
firm, corporation or organization violating any of the provisions
of this section shall upon summary conviction before a Magisterial
District Judge having jurisdiction, be sentenced to pay a fine of
not more than $300 and costs of prosecution, and in default of the
payment thereof, shall be sentenced to imprisonment for a period not
to exceed 10 days.