[Added 3-15-2011 by Ord. No. 5-11]
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 the excessive loud, unusual or explosive
noise from such vehicle.
It shall be unlawful for the driver of any motor vehicle to
use or operate or cause to be used or operated, at any time and on
any road within the Township of Brick, any mechanical exhaust or decompression
device which results in the practice known as "engine-braking."
The provisions of this article shall not apply to the application
of un-muffled compression brakes where necessary for the protection
of persons and/or property if said application is necessary for the
health, safety and welfare of the community. Sounds created by emergency
equipment for emergency purposes are also exempt.
The Township is hereby authorized to post, at reasonable locations
within the Township, signs indicating the prohibition of "engine-braking,"
which shall state "Warning: Use of un-muffled engine brakes prohibited
except in an emergency," or "Jake Braking/Engine Braking Prohibited,"
with additional reference to the ordinance number.
Unless another penalty is expressly provided by New Jersey Statutes,
a person convicted of a first violation of this chapter shall be subject
to a fine of not more than $100 and/or to imprisonment for a period
not to exceed 10 days. A person convicted of a second violation of
this chapter shall be subject to a fine of not more than $200 and/or
to imprisonment for a period not to exceed 20 days. A person convicted
of a third or subsequent violation of this chapter shall be subject
to a fine or not more than $500 and/or by imprisonment for a period
not to exceed six months.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
for any reason, such decision shall not be deemed to affect the validity
or constitutionality of any other sections or parts thereof.
