[Ord. No. 2019-01, 4/9/2019]
The following words and phrases are defined as follows:
ENGINE BRAKE RETARDING DEVICE
Any motor/engine retarding device, engine brake retarder, exhaust brake retarder or hydraulic brake retarder, retarding device or system that acts or is intended to act to supplement the service of brakes or wheel brakes on the motor, engine or other system other than the wheels for purpose of or as a means of slowing or stopping a truck, truck tractor, motor carrier vehicle, motor vehicle or vehicle, also known as a "brake retarder."
PERSON
Any individual, partnership, limited liability company, limited partnership, partnership firm, company, corporation association or any other legal entity and with respect to each its agents, servants and employees.
[Ord. No. 2019-01, 4/9/2019]
1. 
No gasoline-powered or diesel-powered motor vehicle shall be operated on the streets, roads, alleys or highways within the Township of East Nottingham listed below utilizing, in said operation, an engine brake also known as an "engine brake retarding device," also known as a "brake retarder," which permits excessive noise to be created by said motor vehicles using the engine brake. The streets subject to this prohibition shall be as follows:
A. 
Street: Barnsley Road, State Route 3107 from 140 feet north of Christine Road, State Route 272, to 140 feet south of Baltimore Pike, State Route 3026 and 200 feet south of Baltimore Pike, State Route 3026, to 330 feet south of Media Road, State Road 3010.
[Ord. No. 2019-01, 4/9/2019]
1. 
Signs shall be located as follows:
A. 
Northbound shoulder of Barnsley Road, State Route 3107:
(1) 
One hundred forty feet north of Christine Road, State Route 272, install R14-9 (brake retarders prohibited).
(2) 
One hundred forty feet south of Baltimore Pike, State Route 3026, install R14-9A (end brake retarder prohibition).
B. 
Southbound shoulder of Barnsley Road, State Route 3107:
(1) 
Two hundred feet south of Baltimore Pike, State Route 3026, install R14-9 (brake retarders prohibited).
(2) 
Three hundred thirty feet south of Media Road, State Road 3010, install (end brake retarder prohibition).
2. 
Posting. The following signs shall be located at the above locations: "BRAKE RETARDERS PROHIBITED WITHIN MUNICIPAL LIMITS." At the termination of the area restricted by this Part, the following signs shall be present: "END BRAKE RETARDER PROHIBITION."
[Ord. No. 2019-01, 4/9/2019]
This Part shall not apply to emergency driving situations requiring the utilization of a brake retarder to protect the safety and property of the residents of East Nottingham Township, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation. This Part shall not apply to emergency vehicles operated by volunteer fire companies while responding to emergency calls.
[Ord. No. 2019-01, 4/9/2019]
1. 
For each violation of the provisions of this Part, any person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine or civil enforcement penalty of $100 for the first such offense, together with the costs of enforcement. Each day or portion thereof in which a violation exists shall be considered a separate violation of this Part, and each section of this Part which is violated shall be considered a separate violation. Any person who violates this Part a second time within a one-year period shall pay a fine or civil enforcement penalty of $200, together with the costs of enforcement.
2. 
The Township has the option of proceeding in the above summary offense manner or by filing a civil enforcement action against any individual who commits a violation as enumerated herein before the local District Justice for the collection of a civil enforcement penalty for violation of the Part as well as the cost of service and filing costs.
3. 
Any person who fails to pay the penalty directly to the Township shall be given notice that the Township will proceed in an enforcement action against them before the local District Justice for the collection of the penalty for violation of this Part as well as the costs of service and filing costs.
[Ord. No. 2019-01, 4/9/2019]
In the event any provision, section, sentence, clause, or part of this Part shall be held to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such invalidity, illegality, or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses, or parts of this Part, it being the intent of the Board of Supervisors that the remainder of this Part shall be and shall remain in full force and effect.