[Ord. 946, 11/17/2004, §§ 1-4; as amended
by 976, 1/16/2008]
1.
The operation of a brake retarder on a motor vehicle, so as to create
excessive noise through the use of said brake retarder, adversely
affects the public health, safety and welfare of the residents of
the Borough and, therefore, is a nuisance in fact.
2.
No motor vehicle shall be operated on S.R. 30 from Morrow Road south
to the North Braddock-Chalfant Borough line and from the North Braddock-Chalfant
Borough line north to Morrow Road, utilizing, in said operation, a
brake retarder, permitting excessive noise to be created by said motor
vehicle.
3.
This section shall not apply to emergency driving situations requiring
the utilization of a brake retarder to protect the safety and property
of the residents of the Borough, other motor vehicle operators, pedestrians,
and the operator and passengers of the motor vehicle involved in said
emergency situation.
4.
Any person, who has violated or knowingly permitted the violation of the provisions of this section shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
