[Adopted 4-1-2003 by Ord.
No. 2003-02]
This article shall be known as the "West Grove Borough Engine
Brake Ordinance."
The Borough Council of the West Grove Borough, Chester County,
Pennsylvania, finds as a fact that the operation of an engine brake
on a gasoline-powered or diesel-powered motor vehicle adversely affects
the public health, safety and welfare of the residents of the Borough
of West Grove 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 the Borough
of West Grove, Chester County, Pennsylvania, utilizing, in said operation,
an engine brake which permits excessive noise to be created by said
motor vehicle.
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 Grove Borough, other motor vehicle
operators, pedestrians, and the operator and passengers of the motor
vehicle involved in said emergency situation. In addition all "Emergency
Vehicles" as defined by Title 75, Pa. Vehicle Code, shall be exempt
from the regulations of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
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 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 article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Chester County.