[HISTORY: Adopted by the Borough Council of the Borough of West Grove as indicated in article histories. Amendments noted where applicable.]
Peace and good order — See Ch. 296.
[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.