(a) Engine braking system.
Definitions.
Any switch or device that adjusts vehicle engine timing and compression to slow the vehicle or which converts the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.
(b)
Prohibited.
Knowingly utilizing or permitting the utilization of an engine braking system while operating a motor vehicle on a public street or highway within the city limits of the city, by any person is hereby prohibited, and the same is declared to be a public nuisance.
(c)
Defense established.
It is an affirmative defense to conviction of an offense under this section that the engine braking system was used to slow the motor vehicle in order to avoid imminent danger.
(d)
Signs.
The city manager is hereby directed to ensure signs are installed at appropriate locations within the city rights-of-way prohibiting the use of engine braking exhaust systems except during emergency operations as set forth in this section.
(e)
Presumption.
Following the posting of signs informing the public of the prohibition of this section, it shall be presumed that the person violating the provisions knowingly violated its terms.
(f)
Enforcement.
The city police department shall enforce this section.
(Ordinance 2014-09-08 (7A) adopted 9/8/14)