[Adopted 8-10-2009 by Ord. No. 2009-7]
As used in this article, the following terms shall have the
meanings indicated:
The use or operation of any mechanical exhaust device designed
to aid in the braking, decompression or deceleration of any motor
vehicle which results in excessive, loud, unusual, explosive noise
from such vehicle.
A.
It shall be unlawful for the operator of any motor vehicle to use
or operate or cause to be used or operated, at any time on any road
within the Township, any mechanical exhaust or decompression system
which results in the practice of engine braking.
The specific prohibition set forth in § 129-2 shall not apply to engine braking where necessary for the protection of persons and/or property which cannot reasonably be avoided by the application of an alternative braking system.
Unless another penalty is expressly provided by New Jersey statute,
any person convicted of a violation of this article shall be punished
for a first conviction thereof by a fine of not more than $100 or
by imprisonment for a period not to exceed 10 days, or by both such
fine and imprisonment; for a second such conviction, such person shall
be punished by a fine of not more than $200 or by imprisonment for
a period not to exceed 20 days, or by both such fine and imprisonment;
and upon the third or any subsequent conviction, such person shall
be punished by a fine of not more than $500 or by imprisonment for
a period not to exceed six months, or by both such fine and imprisonment.
The Township is authorized to post signs at reasonable locations
within the Township indicating the prohibition of engine braking,
provided that no such signs shall be posted on state or county roads
without prior approval, respectively, of the New Jersey Department
of Transportation and County of Warren.
