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:
Highway
|
Location
|
---|
PA 472 (SR 0472)
|
Quarryville Borough line to SR 0372 (State Street)
|
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.