The use of engine brake retarders, commonly known as "Jake brakes®,"
is hereby prohibited by the operator of any vehicle upon the following
state highways or roadways within the City of Warren in accord with
the written approval issued by the Pennsylvania Department of Transportation
pursuant to 67 Pa. Code § 179.10(20):
A. U.S. Route 62 from the off ramps of U.S. Route 6 at Ludlow Street
to the Conewango Township Line on Market Street;
B. State Route 1017 (Market Street) from Pennsylvania Avenue to U.S.
Route 62;
C. State Route 1013 (Park Avenue) from State Route 6006 (Pennsylvania
Avenue) to the Glade Township Line; and
D. State Route 6006 (Pennsylvania Avenue) from U.S. Route 62 to the
Glade Township Line.
Any person who violates this provision shall, upon conviction
thereof, be guilty of violating § 3111 of the Pennsylvania
Motor Vehicle Code (75 Pa.C.S.A. § 3111) and, upon summary
conviction thereof, be subject to a fine in accordance with the provisions
of the Pennsylvania Motor Vehicle Code plus costs of prosecution,
including, but not limited to, filing fees and attorney fees.
In addition to the fines provided for in §
225-2 hereof, the City of Warren may institute an action for injunctive relief to prohibit or abate any activity in violation of the provisions of this chapter when repeated violations by the same person or persons or company or companies occur.
Any governmental vehicle or emergency vehicle operating under
emergency conditions is exempt from the provisions of this chapter.
The provisions of this chapter are severable. If any sentence,
clause or section is for any reason found to be unconstitutional,
illegal, or invalid, such determination shall not affect the validity
of any of the remaining provisions of this chapter. It is hereby declared
as the intent of the City of Warren that this chapter would have been
adopted had such unconstitutional, illegal, or invalid sentence, clause,
section, or part thereof not been included herein.