This article shall be known as and may be cited as the "West Earl Township Brake Retarder Ordinance."
[Added 6-28-2021 by Ord. No. 259]
The Board of Supervisors of West Earl Township, Lancaster County, Pennsylvania, finds, as a fact, that the operation of an engine brake 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 adversely affects the public health, safety and welfare of the residents of West Earl Township and, therefore, is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be operated on the streets, roads, alleys or highways within West Earl Township, as listed below, utilizing, in said operation, an engine brake without exhaust mufflers or with defective or modified exhaust mufflers, permitting excessive noise to be created by said motor vehicles using the engine brake. The streets subject to this prohibition shall be as follows:
Street | Location |
|---|---|
Route 772 (SR 772) East | Cocalico Creek to School Lane Avenue |
Route 772 (SR 772) West | 120 Feet west of School Lane Avenue to Cocalico Creek |
North and South Farmersville Road (SR 1025) | Sheaffers School Road to Covered Bridge Road |
East and West Farmersville Road (SR 1010) | North Hershey Avenue to Fairmount Road (SR 1013) |
East and West Main Street (SR 1010) [Added 10-9-2023 by Ord. No. 267] | West Farmersville Road to Charles Place |
Locust Street (T-795) [Added 10-9-2023 by Ord. No. 267] | West Farmersville Road to South State Street (SR 772) |
This article shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of West Earl Township, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency operation.
This article shall not apply to emergency vehicles operated by fire companies or ambulance companies while responding to emergency calls for service.
Signs shall be posted on the streets identified in § 170-73 of this article advising motor vehicle operators of the prohibition of the use of engine brake retarders consistent with this article.
For each violation of the provisions of this article, 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 of not less than $100 nor more than $1,000 for each offense, together with the costs of the prosecution. Each day, or portion thereof, in which a violation exists shall be considered a separate violation of this article, and each section of the article which is violated shall be considered a separate violation. In default of payment of such fine, such person shall be liable to imprisonment for a period not exceeding 30 days.
Any police officer, as defined in the Pennsylvania Vehicle Code, 75 Pa.C.S. § 102, shall have the authority to enforce this article.