[Added 6-13-2005 by Ord. No. 1403]
This article shall be known and may be cited as the "Ephrata Borough Engine Brake Ordinance."
Borough Council of the Borough of Ephrata, Lancaster County, Pennsylvania, finds as a fact, that the operation of an engine brake on a gasoline-powered or diesel-powered motor vehicle creates excessive noise through the use of said engine brake, adversely affecting the public health, safety and welfare of the residents of Ephrata Borough and is, therefore, a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be operated on any street, road, alley, or highway within the Borough of Ephrata utilizing, in said operation, an engine brake.
This article shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Ephrata Borough, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation.
This article shall not apply to emergency vehicles operated by volunteer fire companies, hospitals, emergency management organizations, law enforcement organizations or other similar entities providing emergency service while responding to emergency calls.
For each violation of the provisions of this article, any person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $100 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article, and each section of this article, that is violated shall be considered a separate violation.