[HISTORY: Adopted by the Borough Council of the Borough of Tyrone as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-1996 by Ord. No. 1103]
The operation of an engine brake on a gasoline-powered or diesel-powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, so as to create excessive noise through the use of such engine brake, adversely affects the health, safety and welfare of the residents of the Borough of Tyrone and, therefore, is hereby declared to be a nuisance in fact.
No person shall operate a gasoline-powered or diesel-powered motor vehicle on the streets or alleys located within the Borough of Tyrone, utilizing, in such operation, an engine brake, without exhaust mufflers, permitting excessive noise to be created by such motor vehicle.
This section shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of the Borough of Tyrone, other motor vehicles and operators, pedestrians, and operators and passengers of the motor vehicle involved in such emergency situation.
Any person violating this section shall be fined not less than $75 and not more than $600 plus costs and, in default of the payment thereof, shall be imprisoned in the county jail for not more than 30 days.