[Added 7-5-2016 by Ord. No. 2016-04]
The Borough Council of the Borough of Greencastle, Franklin
County, Pennsylvania finds that the operation of motor or engine retarding
devices on gasoline, diesel, or other fuel-powered vehicles, whether
or not such vehicles are equipped with proper exhaust mufflers or
defective or modified exhaust mufflers or systems, creates noise through
the use of such devices in the Borough that adversely affects the
public health, safety and welfare of the residents of the Borough
of Greencastle.
Borough Council finds that the operation of engine retarding
devices creates such noise and disturbance as to create a nuisance
in fact, which nuisance Council is authorized to prohibit pursuant
to Section 1202(4) of the Borough Code, as reenacted and amended May
17, 2012, P.L. 262 No. 43. Necessary approval to regulate engine retarding
devices as contemplated by this Ordinance has been obtained from the
Pennsylvania Department of Transportation in accordance with 67 Pa.
Code § 179.10(20) as a condition precedent to the exercise
by Borough Council of its authority under this article.
As used in this article, the following term shall have the meaning
prescribed below:
Any motor/engine retarding device, engine brake retarder,
exhaust brake retarder or hydraulic brake retarder, retarding device
or system that acts as or is intended to act to supplement the service
brakes or wheel brakes, that brakes on the motor, engine or other
system other than the wheels for purposes of or as a means of slowing
or stopping a truck, truck-tractor, motor carrier vehicle, motor vehicle,
or vehicle.
No person, firm, corporation, association or entity shall use
an engine retarding device on or along the following road(s) or highway(s)
within the Borough of Greencastle:
A.
East Baltimore Street (SR 0016) from the Borough boundary line to
Antrim Way (SR 0011).
Signs shall be erected on highways, or roadways entering the Borough as identified in § 190-61, above, notifying persons of the prohibition against the use of engine retarding devices in the Borough, which signs and their specific locations shall be in compliance with any applicable regulations of the Pennsylvania Department of Transportation.
This article 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 the Borough of Greencastle,
other motor vehicle operators, pedestrians, and the operator and passengers
of the motor vehicle involved in said emergency situation.
Any person, persons, firms, corporation, or organization violating
any of the provisions of this article shall, upon summary conviction
before a district magistrate/district justice having jurisdiction,
be sentenced to pay a fine of not more than $1,000, reasonable attorney's
fees incurred by the Borough, plus costs of prosecution and, in default
of the payment thereof, shall be sentenced to undergo imprisonment
as allowed by law for the punishment of a summary offense.
Any police officer of the Borough of Greencastle shall implement
the enforcement of this article.
