[Added 12-20-2017 by Ord. No. 619]
This article shall be known as the "Coudersport Borough Engine Brake Ordinance."
The Borough Council of the Borough of Coudersport, Potter County, Pennsylvania, finds as a fact that the operation of an engine 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, adversely affects the public health, safety and welfare of the residents of the Borough of Coudersport and, therefore, is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be operated on the streets, roads, or highways, as herein identified, within the Borough of Coudersport, Pennsylvania, utilizing, in said operation, an engine brake, without exhaust mufflers, or with defective or modified exhaust mufflers permitting excessive noise to be created by said motor vehicle. The streets, roads, or highways to which this article applies shall be limited to S.R. 0006, from Segment 0220/Offset 1489 (the beginning of the 35-mph zone) to the signalized intersection with S.R. 0044, and on S.R. 0044 from the signalized intersection with S.R. 0006 to Segment 0680/Offset 0000 (the intersection with Davidge Street). Further, appropriate "Brake Retarder Prohibited" signs shall be installed. Such signs should be installed at the following locations: the R14-9 sign on S.R. 0006, Segment 0220/Offset 1409 ascending right (under the 35-mph sign) and the R14-9A sign, descending right, across from this location; the R14-9 sign on S.R. 0044, Segment 0680/Offset 0150 ascending right (150 feet North of Davidge Street) and the R-149A sign, descending right, across from this location. For clarification purposes, the letter from the Pennsylvania Department of Transportation dated June 5, 2017, from Eric Brown, District Traffic Engineer, and the attachments thereto are incorporated herein by reference thereto so as to clarify the material set forth in this article.
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 Coudersport Borough, 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 District Magistrate having jurisdiction, be sentenced to pay a fine of no more than $300 and costs of prosecution, and in default of the payment thereof, shall be sentenced to undergo imprisonment in the Potter County Jail for a period not to exceed 10 days.
The designation of prohibitions on the operation of engine brake retarders on certain designated streets within the Borough of Coudersport will become effective upon the proper posting of signs. Signs are hereby authorized to be erected and maintained in accordance with applicable law.