[Adopted 7-23-2007 by Ord. No. 140]
As used in this article, the following terms shall have the
meanings indicated:
Any mechanical, electromechanical or electronic mechanical
device, or any combination thereof (also commonly called an "engine
brake"), used for the purpose of supplementing the braking system
of a motor-powered vehicle engine.
A.
No operator
of any motor vehicle engine shall engage, use or otherwise operate
an engine brake retarding device within the municipal limits of North
Coventry Township, Chester County, Pennsylvania.
B.
Subsection A above shall not apply to emergency situations requiring the use of an engine brake retarding device, providing the emergency situation presents a clear and present danger to the safety and/or property of persons within the municipal limits of North Coventry Township, other motor vehicle operators, or the operator and/or passengers of the motor vehicle utilizing the engine brake retarding device in the emergency situation. The burden of proof of the emergency situation shall be upon the operator of the motor vehicle.
C.
This article and the prohibitions thereof shall not apply to fire
protection equipment, any other emergency vehicles, vehicles of the
Township of North Coventry and its Public Works Department.
Any major routes or streets generally utilized by trucks equipped
with brake retarders shall be posted with appropriate signs where
required by the relevant PennDOT rules and regulations to effectuate
the enforcement provisions of this article.
Any person who violates any provision of this article shall,
upon conviction, be sentenced to pay a fine of not less than $300
nor more than 600, plus costs of prosecution, and such other costs
as may be authorized by the Commonwealth of Pennsylvania.
