[HISTORY: Adopted by the Board of Supervisors of the Township
of Schuylkill 5-5-2010 by Ord. No. 2010-01. Amendments noted
where applicable.]
No gasoline-powered or diesel-powered motor vehicle shall be
operated along Route 29 between Creek Road/Fox Run Lane and Buckwalter
Road within Schuylkill 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.
This chapter shall not apply to emergency driving situations
requiring the utilization of an engine brake retarder to protect the
safety and property of the residents on Route 29 between Creek Road/Fox
Run Lane and Buckwalter Road in Schuylkill Township, other motor vehicle
operators, pedestrians and the operator and passengers of the motor
vehicle involved in said emergency situation.
Signs shall be posted at appropriate places on Route 29 advising
motor vehicle operators of the prohibition of the use of engine brake
retarders between Creek Road/Fox Run Lane and Buckwalter Road consistent
with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, persons, firm, corporation or organization violating
any of the provisions of this chapter shall, upon conviction in a
summary proceeding brought before a Magisterial District Judge under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense.
Any law enforcement officer of Schuylkill Township shall implement
the enforcement of this chapter.
