[Adopted 11-6-2017 by Ord. No. 431]
This article shall be known and may be cited as the "Quarryville Borough Brake Retarder Ordinance".
The Borough Council of the Borough of Quarryville, Lancaster County, Pennsylvania, finds, as a fact, that the operation of a brake retarder on a motor vehicle, so as to create excessive noise through the use of said brake retarder, adversely affects the public health, safety and welfare of the residents of Quarryville Borough and, therefore, is a nuisance in fact.
No motor vehicle shall be operated on the highways within the Borough of Quarryville listed below utilizing, in said operation, a brake retarder. The highways subject to this prohibition shall be as follows:
This article shall not apply to emergency driving situations requiring the utilization of a brake retarder to protect the safety and property of the residents of Quarryville Borough, 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.
Signs shall be posted in appropriate places advising motor vehicle operators of the prohibition of brake retarders consistent with this article.
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 criminal 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. The amount of any fine imposed by a Magisterial District Judge or a court shall be in addition to any other fine which may be imposed under the provisions of any other ordinance of the Borough or under any statute. In default of payment of such fine, such person shall be liable to imprisonment for a period not exceeding 30 days.