[Ord. 2010-4, 3/4/2010, § 2]
This Part shall be known as the “Upper Macungie Township
Engine Brake Retarder Ordinance."
[Ord. 2010-4, 3/4/2010, § 3; as amended by Ord.
2017- 3, 5/4/2017; and by Ord. No.
2023-08, 7/6/2023]
The Township, having undertaken the necessary engineering evaluations
and, as a result of these evaluations, having received the required
permission from PennDOT to prohibit engine brake retarder systems,
hereby prohibits gasoline-powered or diesel-powered motor vehicles
from operating on the following highways, streets, avenues, alleys
and boulevards, etc., within the Township, utilizing, in said operation,
an engine brake retarder without exhaust mufflers or with defective
or modified exhaust mufflers permitting excessive noise to be created
by said motor vehicle through the use of the engine brake retarder:
|
Road Name
|
Direction
|
Segment
|
|---|---|---|
|
Schantz Road (S.R. 3012)
|
Eastbound
|
0060/0966 to 0070/0150
|
|
S.R. 100
|
Northbound and southbound
|
From the Upper Macungie Township/Lower Macungie Township Line
to a point 1,200 feet west
|
|
Trexlertown Road (S.R. 6100)
|
Northbound and southbound
|
Hamilton Boulevard (S.R. 6222) to Upper Macungie Township/Lower
Macungie Township line
|
[Ord. 2010-4, 3/4/2010, § 4]
It is declared that the enactment of the Part is necessary for
the protection, benefit and preservation of the health, safety and
welfare of the inhabitants of the Township.
[Ord. 2010-4, 3/4/2010, § 5]
This Part shall not apply to emergency driving situations requiring
the utilization of an engine brake retarder to protect the safety
and property of the residents of the Township, other motor vehicle
operators, pedestrians and the operators and passengers of the motor
vehicle involved in said emergency situation.
[Ord. 2010-4, 3/4/2010, § 6]
Pursuant to the procedures of PennDOT and pursuant to regulations
of PennDOT with respect to signs on highways, the Township will cause
to be erected, upon the roadways herein specified, signs regarding
the prohibition of the use of said engine brake retarders on the designated
roadways.
[Ord. 2010-4, 3/4/2010, § 7]
Any person, persons, firm, corporation or organization violating
any of the provisions of this Part shall, upon summary conviction
before a District Justice 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
for a period not to exceed 10 days.
[Ord. 2010-4, 3/4/2010, § 8]
Any law enforcement officer of the Township shall implement
the enforcement of this chapter.
