[Adopted 11-2-2015 by Ord. No. 4-2015]
This article shall be known as the "Riverside Borough engine
suppression/brake retarder/engine brake Ordinance."
The Borough Council of the Borough of Riverside, Northumberland
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 Riverside 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 Riverside, Northumberland 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. State Route 4001 (Sunbury Road) from just east of the Rush Township
line to just west of the Mill Street intersection.
B. State Route 54 from the Borough of Danville to the Riverside Borough
line.
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 Riverside 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 not less than $50 or 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.
This article shall become effective 30 days after its enactment
or adoption.
The provisions of this article shall be severable and if any
of its provisions shall be held to be unconstitutional, illegal or
invalid, or otherwise unenforceable by a court of competent jurisdiction,
the remaining portions hereof shall not be affected thereby.