[Added 9-22-2011 by Ord. No. 2082]
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 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 on Schuyler
Avenue, Ridge Road and River Road in the Borough of North Arlington,
any mechanical exhaust or decompression device which results in the
practice known as "engine braking."
The provisions of this article shall not apply to engine braking
in emergency situations and where necessary for the protection of
person and/or property which cannot be avoided by application of an
alternative braking system. Noise caused by the application of engine
compression brakes, otherwise known as "engine braking," which is
effectively muffled or if the application is necessary for the health,
safety and welfare of the community is exempt from the provisions
of this article. Sounds created by emergency apparatus, including,
but not limited to, fire engines and ambulances, are also exempt.
The Borough is hereby authorized to post signs at reasonable
locations within the Borough, indicating the prohibition of the practice
of engine braking.
Unless another penalty is expressly provided by New Jersey Statute,
any person convicted of a violation of this section shall be punished
for a first conviction thereof by a fine of not more than $100 or
by imprisonment for a period not to exceed 10 days, or by both such
fine and imprisonment; for a second such conviction, such person shall
be punished by a fine of not more than $200 or by imprisonment for
a period not to exceed 20 days, or by both such fine and imprisonment;
and upon third or any subsequent conviction, such person shall be
punished by a fine of not more than $500 or by imprisonment for a
period not to exceed six months, or by both such fine and imprisonment.
