[HISTORY: Adopted by the Borough Council
of the Borough of Lewisburg as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 345.
[Adopted 4-19-2005 by Ord. No. 963]
This article shall be known as the "Engine Suppression/Brake
Retarder/Engine Brake Ordinance of the Borough of Lewisburg."
Borough Council finds as a fact that the operation
of an engine brake, an engine suppression device or a compression
brake 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, engine suppression device or compression brake, adversely
affects the public health, safety and welfare of the residents of
the Borough of Lewisburg and, therefore, is a nuisance in fact.
No gasoline powered or diesel powered motor
vehicles shall be operated on the streets, roads, alleys or highways
listed below within the Borough of Lewisburg, utilizing, in said operation,
an engine brake, engine suppression device or compression brake without
exhaust mufflers, or with defective or modified exhaust mufflers,
permitting excessive noise to be created by said motor vehicle.
The street subject to the prohibition set forth in § 219-3 of this article shall be Market Street, State Route 45, East and West from Water Street to State Route 15.
This article shall not apply to emergency driving.
Any person, firm, corporation or organization
violating any of the provisions of this article shall, upon conviction
thereof in a summary proceeding before a District Justice having jurisdiction,
be sentenced to pay a fine of not less than $50 or more than $300,
plus costs of prosecution, and, in default of the payment thereof,
shall be sentenced to undergo imprisonment in the Union County Jail
for a period not to exceed 10 days.
