[Ord. 7801, passed 12-21-2006; Ord. 8110, passed 10-23-2014]
(a)
The operation of an engine brake on a gasoline or diesel powered
motor vehicle creates excessive noise through the use of said engine
brake, and adversely affects the public health, safety and welfare
of the residents of the City of New Castle, located on State Route
0018 (Montgomery Avenue) between the railroad tracks and Liberty Street,
and State Route 2032 (Cherry Street) between Liberty Street and the
railroad tracks located southwest of Industrial Street, and a portion
of State Route 0018 (Liberty Street) from the intersection with Montgomery
Avenue to Mahoning Avenue, and a section of State Route 0018 (Wilmington
Avenue) from Boyles Avenue to Sheridan Avenue.
(b)
It shall be unlawful for any gasoline or diesel powered motor vehicle
to operate on the above enumerated streets, roads, alleys or highways
within the City of New Castle, Lawrence County, Pennsylvania, and
utilizing in said operation, an engine brake, permitting excessive
notice to be created by said motor vehicle, thereby, affecting the
health, safety and welfare of those residents.
[Ord. 7801, passed 12-21-2006]
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.
[Ord. 7801, passed 12-21-2006]
Any ordinance or part of an ordinance conflicting with the terms
of this ordinance is hereby specifically repealed.
[Ord. 7801, passed 12-21-2006]
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 $1,000 in costs for prosecution and in default of
payment thereof shall be sentenced to undergo imprisonment in the
Lawrence County Jail for a period not to exceed 90 days.
