[Adopted 12-4-2003 by Ord. No. 03-16]
No person shall be permitted to operate or allow
to be operated an internal combustion engine powered vehicle on any
posted public ways, including, but not limited to, streets, alleys,
easements or rights-of-way established for vehicle operation within
the Township while said vehicle or vehicle operator is utilizing an
engine brake without an exhaust muffler sufficient to prevent the
creation of excessively loud noises by said vehicle. This article
is not intended to prohibit the passage of vehicles equipped with
engine brakes in posted areas, but rather to limit the use of such
equipment in posted areas under the aforesaid circumstances.
The Chief of Police shall have the authority
to designate those areas within the Township where the unnecessary
use of engine brakes creates a disturbance of the peace, public nuisance,
and/or a safety hazard to persons and property, and to post signs
prohibiting the operation of vehicles utilizing same thereon. West
Brandywine Township Police shall have the authority to issue citations
for violations of this article and to enforce the provisions hereof.
No person shall be convicted of violation of
this article under the following circumstances:
Violation of this article constitutes a summary
offense. Any person violating the provisions of this article shall,
upon summary conviction thereof before a District Justice in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure, pay a fine of not more than
$1,000 per violation; and in default of such fine shall be imprisoned
for a period of not more than 30 days.
This article is not intended to be a substitute
for, nor eliminate the necessity of compliance with any and all other
federal, state or local laws, rules, ordinances and regulations which
are now, or may in the future be, in effect which pertain to the use
and operation of vehicles equipped with engine brakes.
