[Adopted 8-11-2003 by Ord. No. 232[1]]
[1]
Editor's Note: This ordinance also repealed
Ord. No. 231, adopted 6-9-2003.
This article shall be known as the "Bell Acres
Borough Engine Brake Ordinance."
The Borough Council of the Borough of Bell Acres,
Allegheny County, Pennsylvania, finds as a fact that the operation
of an engine brake on a gasoline-powered or diesel-powered motor vehicle
adversely affects the public health, safety and welfare of the residents
of the Borough of Bell Acres by reason of the noise created thereby
and, therefore, is a nuisance in fact.
No gasoline-powered or diesel-powered motor
vehicle shall be operated on the streets, roads, alleys or highways
within the Borough of Bell Acres, Allegheny County, Pennsylvania,
utilizing in said operation an engine brake by said motor vehicle.
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 Bell Acres Borough, other
motor vehicle operators, pedestrians and the operator and passengers
of the motor vehicle involved in said emergency situation.
Any person, firm, corporation or organization
violating any of the provisions of this article shall, upon summary
conviction before a District Magistrate having jurisdiction, be sentenced
to pay a fine of not more than $600 and costs of prosecution and,
in default of the payment thereof, shall be sentenced to undergo imprisonment
in the Allegheny County Jail for a period not to exceed 10 days.
