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.
Prohibition. It shall be unlawful for the driver of any motor vehicle
to use or operate or cause to be used or operated, at any time on
Martin Luther King Jr. Way and/or Baltimore Avenue within the City
of Bridgeton, any mechanical exhaust or decompression device which
results in the practice known as "engine braking."
The provisions of this article shall not apply to engine braking
where necessary for the protection of persons and/or property which
cannot be avoided by the application of an alternate braking system.
Noise caused by the application of engine compression brakes, otherwise
known as "engine-braking," which is effectively muffled or if the
application is necessary for the health, safety and welfare of the
community is exempt from the provisions of this article.
Posting of signs. The City of Bridgeton is hereby authorized to post
at reasonable locations within the City of Bridgeton on Martin Luther
King Jr. Way and Baltimore Avenue signs indicating the prohibition
of engine braking.
Violations and penalties. Unless another penalty is expressly provided
by New Jersey Statute, any person convicted of a violation of this
article shall be punished for a first conviction thereof by a fine
of not more than $100 or imprisonment for a period not to exceed 10
days or by both such fine and imprisonment; for a second such conviction,
such person shall be punished by a fine of not more than $200 or by
imprisonment for a period not to exceed 20 days or by both such fine
and imprisonment; and upon the third or any subsequent conviction,
such person shall be punished by a fine of not more than $500 or by
imprisonment for a period not to exceed six months, or by both such
fine and imprisonment.
Severability. Should any section, subsection, paragraph, sentence,
clause or phrase of this article, or its application to a specific
person or set of circumstances, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the
remaining portion of this article, or its application to any other
person or set of circumstances.
When effective. This article shall take effect upon final passage
and publication in accordance with the law but not before approval
has been received from the Commissioner, Department of Transportation.