[Adopted 12-28-1989 by Ord. No. 585 (Ch.
XVI, Part 8, of the 1975 Code of Ordinances)]
The Borough Council finds as a fact that the
operation of an engine brake on a motor vehicle with an internal combustion
engine not equipped with the proper exhaust mufflers creates an excessive
noise by the use of the said engine brake and therefore adversely
affects the public health and is therefore a nuisance in fact.
No person shall operate, or allow to be operated,
a vehicle which is powered by an internal combustible engine, on the
public ways situate within the Borough of Derry while utilizing in
said operation an engine brake without exhaust mufflers sufficient
enough to prevent the creation of excessive noise by the said vehicle.
[Amended 6-13-2011 by Ord. No. 740]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 and costs of prosecution, and in default
of payment of such fine and costs, to imprisonment, for not more than
30 days.
