[Ord. 969, 6/18/2015]
This Part shall be known and may be cited as the "Elizabethtown
Borough Engine Brake Ordinance."
[Ord. 969, 6/18/2015]
The Elizabethtown Borough Council, 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
for the engine brake, or equipped with defective or modified engine
brake 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 Elizabethtown Borough and, therefore,
is a nuisance in fact.
[Ord. 969, 6/18/2015]
No gasoline-powered or diesel-powered motor vehicle shall be
operated on the streets, roads, alleys or highways within the Borough
of Elizabethtown listed below, utilizing, in said operation, an engine
brake, without engine brake exhaust mufflers, permitting excessive
noise to be created by said motor vehicle using the engine brake.
The streets subject to this prohibition shall be as follows:
East High Street, between the Borough line and Center Square
|
Masonic Drive, between West Bainbridge Street and West High
Street
|
Maytown Avenue, between the Borough line and South Market Street
|
North Market Street, between the Borough line and Center Square
|
South Market Street, between the Square and College Avenue
|
West Bainbridge Street, between the Borough line and Masonic
Drive
|
West High Street, between Masonic Drive and Center Square
|
[Ord. 969, 6/18/2015]
For each violation of the provisions of this Part, 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 Part, and each section of this Part 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.