[Adopted 12-14-2010 by Ord. No. 4-2010]
This article shall be known as the "Montgomery Borough Engine
Suppression/Brake Retarder/Engine Brake Ordinance."
The Borough Council of the Borough of Montgomery, Lycoming County,
Pennsylvania, finds as a fact that the operation of an engine brake
or an engine suppression device or a compression brake on a gasoline-powered
or diesel-powered motor vehicle not equipped with exhaust mufflers,
or equipped with defective or modified exhaust mufflers, so as to
create excessive noise through the use of said engine brake or engine
suppression device or compression brake, adversely affects the public
health, safety and welfare of the residents of the Borough of Montgomery
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 listed below within
the Borough of Montgomery, Lycoming County, Pennsylvania, utilizing,
in said operation, an engine brake, engine suppression device or compression
brake, without exhaust mufflers, or with defective or modified exhaust
mufflers, permitting excessive noise to be created by said motor vehicle.
The streets subject to this prohibition shall be as follows:
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 Montgomery, other motor vehicle operators,
pedestrians, and the operator and passengers of the motor vehicle
involved in said emergency situation.
Any person, firm, corporation or organization violating any
of the provisions of this article shall, upon summary conviction before
a Magisterial District Judge having jurisdiction, be sentenced to
pay a fine of not less than $50 nor more than $300 and costs of prosecution
and, in default of the payment thereof, shall be sentenced to undergo
imprisonment in any county jail for a period not to exceed 10 days.