The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
ENGINE BRAKING
The use or operation of any mechanical exhaust device designed
to aid in the braking, decompression or deceleration of any motor
vehicle which results in the excessive, loud, unusual or explosive
noise from such vehicle.
ENGINE COMPRESSION BRAKE
Any device that utilizes air compression and/or rapid release
of compressed air in the cylinders of engines to slow or retard vehicle
speed. Examples include, but are not limited to, Jacobs Engine Brake®,
also known as "Jake brake®" engine retarder; Pacbrake® engine
brake; TecBrake® engine break; D-Celerator® diesel exhaust
brake; and similar devices that meet the definition.
PUBLIC SAFETY VEHICLE
Any vehicle operated by the Greenwich Township Fire Department
or the Greenwich Township Police Department, or any other emergency
vehicle operated by a state, county, and/or local agency.
The use of engine compression brakes or the act of engine braking,
commonly known as "Jake braking," shall at all times be prohibited
and on any roadway within the Township of Greenwich.
The Township shall, with the assistance of any requesting landowner
or upon recommendation of the Public Works Department, install appropriate
signage advising traffic that the use of engine compression brakes
and the act of engine braking are prohibited.
If any part of this chapter shall for any reason be held invalid,
such adjudication shall not affect the validity of the remaining portions
of this chapter.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
This chapter shall not apply to any of the following:
A. Public safety vehicles; and
B. A vehicle involved in an emergency wherein the operator of said vehicle
reasonably believes that the use of engine compression brakes or engine
braking is necessary to avoid and/or mitigate a collision or accident.
Any person or company which shall violate this chapter shall,
upon conviction thereof, pay a fine not exceeding $2,000, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days for each offense. If the violation is of a continuing
nature, each day during which it occurs shall constitute an additional,
separate, and distinct offense.