[Adopted 10-7-2003 by Ord. No. 572]
This article shall be known as the "Tamaqua Borough Engine Brake
Ordinance."
The Tamaqua Borough Council finds as fact that the operation
of engine brakes on a gasoline-powered or diesel-powered motor 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 brakes, adversely affects the public health, safety
and welfare of the residents of the Borough of Tamaqua and is therefore
a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be
operated on State Route 209 between the Jamesway Plaza Driveway and
the western Borough line or on State Route 309 between the intersection
of Schuylkill Avenue and State Route 309 and the southern Borough
line in the Borough of Tamaqua, Schuylkill County, Pennsylvania, utilizing
an engine brake without exhaust mufflers, or with defective or modified
exhaust mufflers permitting excessive noise to be created by said
motor vehicle.
This article shall not apply to emergency driving situations
which require utilizing in said operation of a motor vehicle an engine
brake without exhaust mufflers or equipped with inoperable exhaust
mufflers or equipped with exhaust mufflers which have been modified
or which are defective to protect the safety and property of the residents
of the Borough of Tamaqua, other motor vehicle operators, pedestrians,
and the operator and passengers of the motor vehicle or vehicles involved
in said emergency situations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Schuylkill County correctional facility for a period
not exceeding 30 days. Each day that such violation exists shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.