[Adopted 3-22-2004 by Ord. No. 7-03-04]
It is in intent of the Village of Birnamwood to prohibit the
use of compression brakes within the Village limits.
As used in this article, the following terms shall have the
meanings indicated:
Motor vehicle brakes which are activated or operated by compression
of the engine of the motor vehicle.
No person shall use the motor vehicle brakes which are in any
way activated or operated by compression of the engine of the motor
vehicle.
It shall be an affirmative defense to prosecution under this
article that compression brakes were applied in an emergency and were
necessary for the protection of persons or property.
Emergency vehicles shall be exempt from this article.
The provisions of this article are declared to be severable;
if any section, sentence, clause, phrase or application of this article
is held to be invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining sections, sentences,
clauses, phrases, or applications of this article, which shall remain
in effect. It is the legislative intent that this article shall remain
in effect notwithstanding the invalidity of any part or application
of this article.
Any person violating the provisions of this article shall have committed a traffic infraction, and a penalty shall be imposed as provided in § 228-4 of the Village of Birnamwood traffic code.
This article is effective on publication or posting.
