As used in this article, the following terms
shall have the meanings indicated:
EXCESSIVELY LOUD NOISES
Any unnecessary noises or sounds generated by any means which
are physically annoying to the comfort of any person or which cause
undue inconvenience to the surrounding area or community at large.
The Chief of Police shall have the authority
to designate those areas within the Township where the unnecessary
use of jake brakes or 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. The Tinicum 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 a violation
of this article under the following circumstances:
A. The prohibited area is not conspicuously posted for
the view of traffic; or
B. The use of a jake brake or engine brake is necessary
for the safety of persons and property under the circumstances.
Violations of this article constitute a summary
offense. Any person violating the provisions of this article shall,
upon summary conviction thereof before a Magisterial District Judge
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 $600, plus costs of prosecution, and, in default of
payment of such fine and costs, to imprisonment in the county jail
for a period not exceeding 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 jake brakes and/or engine
brakes.