[Ord. No. 3-2023, 5/15/2023[1]]
This Part shall be known as the "North Lebanon Township Engine Brake Retarder Ordinance."
[1]
Editor's Note: Section 9 of this Part provided that any law enforcement officer of the Township of North Lebanon shall implement the enforcement of the ordinance. A full copy of said ordinance is on file in the Township offices.
[Ord. No. 3-2023, 5/15/2023]
The Board of Supervisors of North Lebanon Township, Lebanon County, Pennsylvania, finds as a fact that the operation of an engine brake retarder on an internal combustion engine motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, as to create excessive noise through the use of said engine brake retarder adversely affects the public health, safety, and welfare of the residents in certain areas of the Township of North Lebanon, and is a nuisance in fact.
[Ord. No. 3-2023, 5/15/2023]
No person, firm, company, corporation, or organization shall operate, or allow to be operated, a vehicle that is powered by an internal combustion engine on the following designated highways or roads in North Lebanon Township while utilizing an engine break retarder.
Name of Highway or Road
From:
To:
SR72 (Ebenezer Road)
Long Lane
Water Street
SR4006 (Heilmandale Road)
Elias Avenue
Russell Road
[Ord. No. 3-2023, 5/15/2023]
This Part shall not apply to emergency driving situations requiring the utilization of an engine brake retarder to protect the safety and property of the residents of North Lebanon Township, other motor vehicle operators, pedestrians and the operator and passengers of the motor vehicle involved in said emergency situation.
[Ord. No. 3-2023, 5/15/2023]
All official signs required to be erected to indicate the prohibition on the utilization of engine break retarders on prohibited roads, or sections thereof, in the Township are authorized to be erected in accordance with this Part in such a position as to provide notice to travelers and in accordance with the Commonwealth of Pennsylvania Department of Transportation regulations.
[Ord. No. 3-2023, 5/15/2023]
Any person, firm or corporation who or which shall violate any of the provisions of this Part shall be prosecuted pursuant to applicable provisions of the Pennsylvania Vehicle Code[1] and shall be subject to a fine not less than $100 nor more than $600 plus costs of prosecution and, in default of the payment thereof, shall be sentenced to undergo imprisonment for a period not to exceed 90 days.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.