[Added2-8-2024 by Ord. No. 259]
References: Streets and Sidewalks — See Ch. 186 Articles/Parts 1 through 7.
Penn DOT Publication 46
Pennsylvania Motor Vehicle Code Title 75
This chapter shall be known and may be cited as the "Maidencreek
Township Engine Brake Retarder Ordinance."
The following words and phrases when used in this chapter shall
have the meanings ascribed to them in this section except where the
context clearly indicates a different meaning:
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
of 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.
Any individual, partnership, limited liability partnership,
firm, company, limited liability company, corporation, association,
or any other legal entity and with respect to each, its agents, servants,
and employees.
No person shall use an engine brake retarding device on or along
the following roads or highways within the Township:
A.
Route 222 (northbound and southbound) from the intersections of Snyder
Road north to Evansville Road.
Any person, firm, corporation, or other entity found in noncompliance
under this chapter agrees to indemnify and save the Township and its
agents, servants, employees and/or contractors harmless from and against
all liabilities of whatever nature arising, whether or not the liability
arises as a result of the negligence of the person, firm, corporation
or other entity.
This article shall not apply to emergency driving situations
requiring the utilization of a brake retarder to protect the safety
and property of the residents of Maidencreek Township, other motor
vehicle operators, pedestrians, and the operator and passengers of
the motor vehicle involved in said emergency.
This article shall not apply to emergency vehicles operated
by volunteer fire companies or other emergency services while responding
to emergency calls.
Township staff is authorized to purchase and post the required
signage advising motor vehicle operators of the prohibition of brake
retarders consistent with this article and Department regulations.
Any person who shall violate any provision of this article shall,
upon conviction thereof before a District Justice, be subject to a
penalty or fine in an amount not less than $300 and not more than
$1,000, together with the costs of prosecution and attorney fees;
and in default of payment of such penalty, fine or costs, to imprisonment
for a term not to exceed 30 days for each such violation. Each day
or portion thereof that such violation continues shall constitute
a separate offense. The provisions of this article shall be enforced
in the same manner as provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
