[Adopted 6-10-2008 by Ord. No. 1-2008; amended in its entirety 3-9-2010 by Ord. No. 3-2010]
This article shall be known as the "Plymouth Borough Engine
Brake Retarder Ordinance."
The Borough Council of Plymouth Borough, Luzerne County, Pennsylvania
finds as a fact that the operation of an engine brake retarder 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
retarder, adversely affects the public health, safety and welfare
of the residents of the Borough of Plymouth and, is a nuisance in
fact.
No gasoline-powered or diesel-powered motor vehicle shall be
operated on Main Street, Plymouth, Luzerne County, Pennsylvania, utilizing
in said operation, an engine brake retarder, without exhaust mufflers
or with defective or modified exhaust mufflers permitting excessive
noise to be created by said motor vehicle through the use of the engine
brake retarder.
This article shall not apply to emergency driving situations
requiring the utilization of an engine brake retarder to protect the
safety and property of the Borough of Plymouth, other motor vehicle
operators, pedestrians, and the operator and passengers of motor vehicles
involved in said emergency situation.
Signs shall be posted at the boundary line at each end of the
Borough (North and South) on Route 11 (Main Street) entering Plymouth
advising motor vehicle operators of the prohibition of the use of
engine brake retarders consistent with this article for the entire
length of Main Street in Plymouth Borough, a distance of 1.5 miles.
Specifically the area at each end of the Borough (North and South)
on Route 11 (Main Street) approaching the traffic signals. These traffic
signals are located on Route 11 at the intersection of Main Street
and Washington Avenue and Cherry Street and the traffic signal on
Route 11 at the intersection of Main Street and Coal Street and Flat
Road.
Any person, firm, corporation or organization violating any
of the provisions of the article shall, upon summary conviction before
a Magisterial District Judge having jurisdiction, be sentenced to
pay a fine of not more than $300 and costs of prosecution, and in
default of the payment thereof, shall be sentenced to undergo imprisonment
for a period not to exceed 10 days.
Any law enforcement officer of the Borough shall implement the
enforcement of this article.
The provisions of this article are severable. If any sentence,
clause or section of the article for any reason is found to be unconstitutional,
illegal or invalid, or otherwise unenforceable by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of the article.
All ordinances, or parts thereof, or portions thereof, inconsistent
herein be and same are repealed.
This article shall become effective immediately upon its passage.
