The operation and use of a brake retarder on a motor vehicle
creates excessive noise and adversely affects the public health, safety
and welfare of the residents of North Versailles Township, and therefore,
is a nuisance.
No motor vehicle shall be operated on any portion of Wall Avenue
located within the boundaries of North Versailles Township utilizing
in said operation a brake retarder.
This article shall not apply to emergency driving situations
which require the utilization of a brake retarder for the purpose
of protecting the safety and property of the residents of North Versailles
Township, other motor vehicle operators, pedestrians, and the operator
and passengers of the motor vehicle involved in said emergency situations.
Any person who violates or knowingly permits the violation of
the provisions of this article shall, upon summary conviction before
a Magisterial District Judge, pay a fine of not less than $300 and
not more than $1,000, plus court costs, including reasonable attorneys'
fees incurred by North Versailles Township for prosecution.