This chapter shall be known as the Danville Borough "Brake Retarder/Engine
Suppression/Engine Brake Ordinance."
The Borough Council of the Borough of Danville, Montour 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 Danville
and, therefore, is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicles shall be
operated on the streets, roads, alleys or highways listed below within the Borough of Danville, Montour 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:
A. U.S. 11 from the Danville wastewater treatment plant to the intersection
of S.R. 54,
B. S.R. 54 from west of Ferry Street to the Susquehanna river bridge.
This chapter shall not apply to emergency driving situations
requiring the utilization of an engine brake to protect the safety
and property of the residents of Danville Borough, other motor vehicle
operators, pedestrians, and the operator and passengers of the motor
vehicle involved in said emergency situations.
Any person, firm, corporation or organization violating any
of the provisions of this chapter shall, upon summary conviction before
a District Magistrate 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.
The provisions of this chapter shall be enforced by the Danville
Police Department.