[Added 6-15-2021 by Ord. No. 5779]
A. 
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.
B. 
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:
(1) 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
Any law enforcement officer of the City of Altoona shall implement the enforcement of this section.