[Added 6-6-2000 by Ord. No. 5-00]
This article shall be known and may be cited
as the "West Hempfield Township Engine Brake Retarder Ordinance."
The Board of Supervisors of the Township of
West Hempfield, Lancaster County, Pennsylvania, finds, as a fact,
that the operation of an engine brake retarder 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 retarder,
adversely affects the public health, safety and welfare of the residents
of West Hempfield Township and, therefore, is a nuisance in fact.
No gasoline-powered or diesel-powered motor
vehicle shall be operated on any of the streets, roads, alleys or
highways within the Township of West Hempfield set forth below utilizing,
in said operation, an engine brake retarder without exhaust mufflers
or with defective exhaust mufflers or modified exhaust mufflers.
|
Name of Street
|
Location
|
|---|---|
|
Donnerville Road
|
Entire length
|
|
Nolt Road
[Added 7-3-2007 by Ord. No. 4-07] |
Entire length
|
This article shall not apply to emergency driving
situations requiring the utilization of an engine brake retarder to
protect the safety and property of the residents of West Hempfield
Township, 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 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 which
is violated shall be considered a separate violation.
