[Adopted 11-3-2003 by Ord. No. 6-2003 (Ch. 135, Part 3, of the 1985 Code)]
This article shall be known as the "Spring Grove Borough Engine
Brake Retarder Ordinance."
The Borough Council of Spring Grove Borough finds as a fact
that the operation of an engine brake retarder on a gasoline-powered
or diesel-powered motor vehicle not equipped with exhaust mufflers,
or equipped with defective or modified exhaust mufflers, which results
in the creation of excessive noise through the use of said engine
brake retarder, adversely affects the health, safety and welfare of
the residents of the Borough and all other members of the general
public, and therefore declare such use a nuisance.
No gasoline-powered or diesel-powered motor vehicle shall be
operated on Main Street (SR 0116), Hanover Street (SR 3072), Roths
Church Road (SR 3059) and Jackson Street (SR 3057), within Spring
Grove Borough, utilizing in its operation an engine brake retarder,
without exhaust mufflers, or with defective or modified exhaust mufflers,
resulting in the creation of excessive noise by the motor vehicle.
This article shall not apply to emergency driving situations
requiring the utilization of an engine brake retarder to protect the
safety and property of the residents of the Borough, the general public,
other motor vehicle operators, pedestrians or the operator and/or
passengers of the motor vehicle involved in such emergency situation.
Signs shall be erected within the Borough limits on the streets identified in § 375-42 advising motor vehicle operators of the prohibition of the use of engine brake retarders consistent with this article.
[Amended 12-6-2021 by Ord. No. 5-2021]
This article shall be enforced by the York County Regional Police
Department, or such other police department as from time to time shall
be vested by the Borough with police powers within the Borough boundaries.
Any person, firm, corporation or organization violating any
of the provisions of this article, upon summary conviction before
a Magisterial District Judge or a court having jurisdiction, shall
be sentenced to pay a fine of not more than $300 and costs of prosecution
and, in default of the payment of such fine, shall be sentenced to
undergo imprisonment for a period not to exceed 10 days.
This article shall be deemed to be compatible with any and all
statutes, other sections of the Code or any other ordinances of the
Borough. To the extent that this article is inconsistent with other
such sections or ordinances, this article shall control and supersede
such other sections or ordinances. To the extent that a violation
of this article also constitutes a violation of any other statute
or section or article of this Code, or other ordinance, then this
article shall be in addition to, and not instead of, any other such
violations, to the extent permitted by law.
The provisions of this article are severable. If any sentence,
clause or section of this article for any reason is found to be unconstitutional,
illegal, invalid or otherwise unenforceable by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of this article.
