This article shall apply within and throughout the incorporated municipal boundary (i.e., city limits) of the city.
(Ordinance 437 adopted 12/5/2017)
The purpose of this article is to make it unlawful for vehicles equipped with vehicles equipped with compression release type braking systems, sometimes known as “jake brakes,” to use such braking systems or devices upon any public streets, roads or highways within the city limits and its territorial jurisdiction except in an emergency situation for the peace, health and comfort of the citizens of the city and the public.
(Ordinance 437 adopted 12/5/2017)
Compression release type braking system.
Any device equipped on any vehicle, including but not limited to tractors, semi-trucks, motor carriers, buses and any other vehicle that utilizes engine compression release or engine retarders as a means of slowing or braking the speed of the vehicle in lieu of applying the cutch or brakes.
Emergency situation.
One in which there is an imminent danger of collision with property, persons or animals.
(Ordinance 437 adopted 12/5/2017)
Every driver of any vehicle who shall cause their vehicle to brake or slow by any method which increases the noise emission levels of the engine, such as but not limited to engine compressions release or engine retarder, in lieu of applying the clutch or brakes, upon any public streets, roads, or highways with the city limits and its extraterritorial jurisdiction, upon conviction shall be guilty of a misdemeanor; provided that such prohibition shall not apply of an emergency situation exists and the use of engine compression brakes is necessary to the protections of persons or property.
(Ordinance 437 adopted 12/5/2017)
The prohibitions prescribed herein shall not apply to authorized emergency vehicle as defined in this code.
(Ordinance 437 adopted 12/5/2017)
A violation of this article shall constitute a class C misdemeanor. Any person violating section 8.05.004 above shall, upon conviction, be subject to a fine in an amount not to exceed five hundred dollars ($500.00) for each separate violation.
(Ordinance 437 adopted 12/5/2017)