(a) The city council by motion and vote shall designate an employee to
serve as the traffic administrator.
(b) The traffic administrator shall have the authority to designate,
review and authorize any traffic-related issues, to include but not
limited to designating parking and no parking areas, designating the
placement of all traffic-control signs and devices on city streets,
and designating the flow of traffic on streets within the city.
(Ordinance 2016-01-01, sec. 7, adopted 1/5/16)
(a) Title; scope.
(1) This section shall be commonly cited as the engine braking ordinance.
(2) This section applies to all property within the incorporated municipal
boundaries (i.e., “city limits”).
(b) Definitions.
Words and phrases used in this section
shall have the meanings set forth in this subsection. Terms that are
not defined below, but are defined elsewhere in the Code of Ordinances,
shall be given the meanings set forth in the code. Words and phrases
not defined in the Code of Ordinances shall be given their common,
ordinary meaning unless the context clearly requires otherwise. When
not inconsistent with the context, words used in the present tense
shall include the future tense, words in the plural number shall include
the singular number (and vice versa), and words in the masculine gender
shall include the feminine gender (and vice versa). The word “shall”
is always mandatory, while the word “may” is merely directory.
Headings and captions are for reference purposes only.
Engine braking.
Any method of slowing diesel trucks in a manner that produces
a loud noise, particularly by venting the cylinder of the diesel engine
midway through its cycle causing the engine, instead of producing
power, to absorb power, thereby slowing the truck down dramatically.
It shall also include the production of excessive noise produced by
engine retarders due to a truck operating with improperly maintained,
defective, or modified muffler systems or the use of straight exhaust
pipes with no mufflers.
Person.
Any human individual, corporation, company, sole proprietorship,
partnership, association, organization, or agency.
(c) Prohibition; exceptions.
(1) It shall be unlawful for any person to engine brake within the city
limits.
(2) No person shall engine brake within the city limits except for emergency
vehicles over 1/2 ton in weight.
(d) Enforcement; penalties.
(1) Enforcement.
The city shall have the power to administer
and enforce the provisions of this section as may be required by governing
law. Any person violating any provision of this section is subject
to suit for injunctive relief as well as prosecution for criminal
violations. Any violation of this section is hereby declared to be
a nuisance.
(2) Criminal prosecution.
Any person violating any provision of this section shall, upon conviction, be fined a sum in accordance with the general penalty provided in section
1.01.009 of this code. Each day that a provision of this section is violated shall constitute a separate offense. An offense under this section is a misdemeanor.
(3) Civil remedies.
Nothing in this section shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this section and to seek remedies as allowed by
law, including but not limited to the following:
(A) Injunctive relief to prevent specific conduct that violates this
section or to require specific conduct that is necessary for compliance
with section; and
(B) A civil penalty up to one hundred dollars ($100.00) a day when it
is shown that the defendant was actually notified of the provisions
of this section and after receiving notice committed acts in violation
of this section or failed to take action necessary for compliance
with this section, and other available relief.
(Ordinance 2015-05-02 adopted 6/2/15; Ordinance adopting 2018 Code)