[Added 6-13-2013 by Ord. No. 2181]
A. 
Purpose. The Borough Council of the Borough of Carlisle (the "Borough") finds that the operation of motor- or engine-retarding devices commonly known as "jake brakes" (but referred to herein as an "engine-retarding device") on gasoline-, diesel- or other fuel-powered vehicles, whether or not such vehicles are equipped with proper exhaust mufflers or defective or modified exhaust mufflers or systems, creates noise through the use of such devices in the Borough that adversely affects the public health, safety and welfare of the residents of the Borough.
B. 
Authority. The Borough Council finds that the operation of engine-retarding devices creates such noise and disturbance as to create a nuisance in fact, which nuisance the Council is authorized to prohibit pursuant to Section 1202(4) of the Borough Code, as reenacted and amended May 17, 2012, P.L. 262, No. 43.[1] Necessary approval to regulate engine-retarding devices as contemplated by this article has been obtained from the Pennsylvania Department of Transportation in accordance with 67 Pa. Code § 179.10(20) as a condition precedent to the exercise by the Borough Council of its authority under this article.
[1]
Editor's Note: Section 1202(4) of the Borough Code was repealed by Act 2014-37. For current provisions, see 8 Pa. C.S.A. § 1202(4).
As used in this article, the following term shall have the meaning prescribed below:
ENGINE-RETARDING DEVICE
Any motor/engine-retarding device, engine brake retarder, exhaust brake retarder or hydraulic brake retarder, retarding device or system that acts as or is intended to act to supplement the service brakes or wheel brakes, that brakes on the motor, engine or other system other than the wheels, for purposes of or as a means of slowing or stopping a truck, truck tractor, motor carrier vehicle, motor vehicle or vehicle.
No person, firm, corporation, association or entity shall use an engine-retarding device on or along the following roads or highways within the Borough of Carlisle:
A. 
South Hanover Street (SR 0034) from the Borough boundary line to Garland Drive.
B. 
East High Street (SR 0641) from the Borough boundary line to York Road.
C. 
York Road (SR 0074) from the Borough boundary line to East High Street.
D. 
Spring Road (SR 0034) from the Borough boundary line to North Hanover Street.
E. 
Walnut Bottom Road/Willow Street (SR 3023) from the Borough boundary line to South Hanover Street.
F. 
Ritner Highway (SR 0011) from the Borough boundary line to Orange Street.
G. 
Waggoner's Gap Road/B Street (SR 0074) from the Borough boundary line to North College Street.
H. 
Allen Road (SR 0465) from the intersection with SR 0011 north to the Borough Boundary line.
I. 
Spring Garden Street between North Street (SR2002) and the South Middleton Township boundary line.
[Added 1-14-2021 by Ord. No. 2372, approved 1-14-2021]
Signs shall be erected on highways or roadways entering the Borough as identified in § 244-106 above, notifying persons of the prohibition against the use of engine-retarding devices in the Borough, which signs and their specific locations shall be in compliance with any applicable regulations of the Pennsylvania Department of Transportation.
The enforcement of this article shall be by action before a Magisterial District Judge in the same manner as provided for the enforcement of a summary offense. Any person, firm, corporation, association or entity violating any provision of this article shall, upon conviction, be subject to pay a fine not to exceed $1,000, reasonable attorneys' fees incurred by the Borough, plus costs of prosecution and, in default of the payment thereof, be sentenced to undergo imprisonment as allowed by law for the punishment of a summary offense.