[Added 10-1-2012 by Ord. No. 197-2012]
This article shall be known and may be cited as the "West Donegal
Township Engine Brake Ordinance."
The Board of Supervisors of West Donegal Township, Lancaster
County, Pennsylvania, finds, as a fact, that 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 said
engine brake adversely affects the public health, safety and welfare
of the residents of West Donegal Township and, therefore, is a nuisance
in fact.
No gasoline-powered or diesel-powered motor vehicle shall be
operated on the streets, roads, alleys or highways within West Donegal
Township listed below utilizing, in said operation, an engine brake,
without exhaust mufflers, permitting excessive noise to be created
by said motor vehicles using the engine brake. The streets subject
to this prohibition shall be as follows:
|
Street
|
Location
|
|---|---|
|
Colebrook Road
|
Harrisburg Avenue to Nolt Road
|
|
Zeager Road
[Added 6-8-2015 by Ord.
No. 216-2015] |
Entire length
|
This article shall not apply to emergency driving situations
requiring the utilization of an engine brake to protect the safety
and property of the residents of West Donegal Township, other motor
vehicle operators, pedestrians and the operator and passengers of
the motor vehicle involved in said emergency situation.
Signs shall be posted on the streets identified in § 220-53 advising motor vehicle operators of the prohibition of the use of engine brake retarders consistent with this article.
For each violation of the provisions of this article, any person
who commits, takes part in or assists in any such violation shall
be liable, upon conviction thereof in a summary proceeding, to pay
a fine of not less than $100 nor more than $1,000 for each offense,
together with the costs of prosecution. Each day or portion thereof
in which a violation exists shall be considered a separate violation
of this article, and each section of this article which is violated
shall be considered a separate violation. In default of payment of
such fine, such person shall be liable to imprisonment for a period
not exceeding 30 days.
Any officer of the Police Department shall have the authority
to enforce this article.
