[HISTORY: Adopted by the Council of the Municipality of Murrysville 9-15-2010 by Ord. No. 818-10. Amendments noted where applicable.]
Noise — See Ch. 57.
Vehicles and traffic — See Ch. 210.
This chapter shall be known as the Municipality of Murrysville's Engine Brake Retarder Ordinance.
This chapter is established pursuant to the policy established by the Commonwealth of Pennsylvania, Department of Transportation, regarding engine brake retarder prohibitions. A study has been performed pursuant to said procedure by the Department of Transportation on State Route 22, east bound from Vincent Hall Road to Manor Road and State Route 22 west bound from Manor Road to Vincent Hall Road within the Municipality of Murrysville. The authority to enact an appropriate Ordinance prohibiting the use of engine brake retarders with improperly maintained, defective, or modified exhaust mufflers pursuant to said procedure is evidenced by correspondence from the Commonwealth of Pennsylvania, Department of Transportation, Engineering District 12.
The Municipality of Murrysville, Westmoreland County, Pennsylvania, finds it a fact that the operation of an engine brake retarder on a gasoline powered or diesel powered motor vehicle, with improperly maintained, defective, or modified exhaust mufflers, creates an excessive noise that adversely affects the public health, safety, and welfare of the residents of the Municipality and therefore, is a nuisance in fact.
No person shall operate, or allow to be operated, a vehicle, which is powered by an internal combustion engine, on the public ways, as defined in Section 2, within the Municipality of Murrysville while utilizing in said operation an engine brake retarder, which has an improperly maintained, defective, or modified exhaust muffler and thereby not sufficient enough to prevent the cause of excessive noise by the said vehicle.
Any person, firm, operation, or organization violating any of the provisions of this chapter shall, upon summary conviction, be sentenced to pay a fine of not more than $300 and costs of prosecution, and in default of payment thereof, shall be sentenced to undergo imprisonment in the Westmoreland County jail for a period not in excess of 10 days.
Pursuant to the procedures of the Commonwealth of Pennsylvania, Department of Transportation, and pursuant to regulations of the Department with respect to signs on highways, the Municipality of Murrysville shall cause to be erected upon the roadways herein specified, signs regarding the prohibition of the use of said engine brake retarders with improperly maintained, defective, or modified exhaust mufflers on the designated highways.
This chapter, per procedure of the Commonwealth of Pennsylvania, Department of Transportation, shall be enforceable by the Municipality of Murrysville's Police Department.