As used in this article, the following terms shall have the meanings indicated:
ENGINE BRAKE RETARDING DEVICE
Any mechanical, electromechanical, or electronic-mechanical device, or any combination thereof (also commonly called an "engine brake"), used for the purpose of supplementing the braking system of a diesel, gasoline, or propane powered motor vehicle engine.
PA. RT. 41
That road designated by the Commonwealth of Pennsylvania as State Route 41 which, within the municipal limits of Avondale Borough, is called "Pennsylvania Avenue."
A. 
No operator of any gasoline, diesel, or propane powered motor vehicle shall engage, use, or otherwise operate an engine brake retarding device on Pa. Rt. 41 within the municipal limits of Avondale Borough.
B. 
Subsection A above shall not apply to emergency situations requiring the use of an engine brake retarding device, provided the emergency situation presents a clear and present danger to the safety and/or property of persons within the municipal limits of Avondale Borough, other motor vehicle operators, and the operator and/or passengers of the motor vehicle utilizing the engine brake retarder device in the emergency situation.
After the enactment of this article, Avondale Borough shall erect or cause to be erected such signage as authorized and required by the Commonwealth of Pennsylvania Department of Transportation in order to notify the operator of any motor vehicle that the use of engine brake retarding devices is prohibited on Pa. Rt. 41 within the municipal limits of Avondale Borough; the dimensions, colors, etc., of any signs shall be substantially in accordance with applicable Commonwealth of Pennsylvania Department of Transportation regulations pertaining to "engine brake retarder" signs.
A. 
In accordance with the Act of June 17, 1976, P.L. 162, No. 81, Section 1, as amended (75 Pa.C.S.A. § 6105, as amended), the authority for the Avondale Borough Council to enact this article has been given by letter dated June 6, 2001, from Andrew L. Warren, District Administrator (District 6) of the Commonwealth of Pennsylvania Department of Transportation.
B. 
The original letter of authorization from Commonwealth of Pennsylvania Department of Transportation District Administrator Andrew L. Warren June 6, 2001, shall be kept on file at all times in the municipal offices of Avondale Borough.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Chester County.