[Added 4-5-2016 by Ord.
No. 278]
A.
Purpose. The Borough Council of the Borough of East Petersburg (the
"Borough") finds that the operation of motor or engine retarding devices,
commonly known as "Jake brakes®" (but referred to herein as an
"engine retarding device"), on gasoline-, diesel- or other fuel-powered
vehicles, whether or not such vehicles are equipped with proper exhaust
mufflers or defective or modified exhaust mufflers or systems, creates
noise through the use of such devices in the Borough that adversely
affects the public health, safety and welfare of the residents of
the Borough.
B.
Authority. Borough Council finds that the operation of engine retarding
devices creates such noise and disturbance as to create a nuisance
in fact, which nuisance Council is authorized to prohibit engine retarder
devices. Necessary approval to regulate engine retarding devices as
contemplated by this article has been obtained from the Pennsylvania
Department of Transportation as a condition precedent to the exercise
by Borough Council of its authority under this section.
C.
ENGINE RETARDING DEVICE
Definitions. As used in this article, the following term shall have
the meaning prescribed below:
Any motor/engine retarding device, engine brake retarder,
exhaust brake retarder or hydraulic brake retarder, retarding device
or system that acts as or is intended to act to supplement the service
brakes or wheel brakes, that brakes on the motor, engine or other
system other than the wheels for purposes of or as a means of slowing
or stopping a truck, truck tractor, motor carrier vehicle, motor vehicle
or vehicle.
D.
Prohibition. No person, firm, corporation, association or entity
shall use an engine retarding device on or along the following roads
or highways within the Borough of East Petersburg:
Graystone Road (SR 4013) limit to begin at Main Street (SR 0072)
at Segment 0010 offset 0000 and extend west to the Borough boundary
(at the railroad tracks) Segment 0030 offset 0000
(North) Main Street between (North) Greystone Road (SR 4013)
Segment 0210 offset 0000 and (South) at Segment 0160 offset 1212
E.
Exemptions. This article shall not apply to fire or emergency driving
vehicles requiring the utilization of an engine brake retarder to
protect the safety and property of the residents of East Petersburg
Borough and other motor vehicle operators, pedestrians and the operator
and passengers of fire or emergency vehicles involved in said emergency
situation.
F.
Erection of signs. Signs shall be erected on highways or roadways
in the Borough as identified above, notifying persons of the prohibition
against the use of engine retarding devices in the Borough, which
signs and their specific locations shall be in compliance with any
applicable regulations of the Pennsylvania Department of Transportation.
The enforcement of this article shall be by action before Magisterial
District Judge in the same manner as provided for the enforcement
of a summary offense. Any person, firm, corporation, association or
entity violating any provision of this article shall, upon conviction,
be subject to pay a fine not to exceed $1,000, reasonable attorney's
fees incurred by the Borough, plus costs of prosecution and, in default
of the payment thereof, be sentenced to undergo imprisonment as allowed
by law for the punishment of a summary offense.
This article shall be enforced by any law enforcement officer
having jurisdiction in the Borough of East Petersburg.
