[HISTORY: Adopted by the Board of Supervisors of the Township of Fermanagh as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-1-2011 by Ord. No. 2011-4]
The Pennsylvania Vehicle Code, and specifically 75 Pa.C.S.A. § 6109, permits local authorities to reasonably exercise their police powers on streets and highways within their physical boundaries, and PennDOT regulations, including, among others, 67 Pa. Code § 179.10(20), allow local authorities to prohibit the use of brake retarders with the approval of PennDOT.
The Township has submitted its request for approval of the prohibition of use of brake retarders in a specific section of PA Route 35, between South Ridge Road and Butchershop Road, and the Department approved said request on or about September 25, 2010.
The Township has considered the possible effects of said prohibition and has determined it will not significantly affect the safety of the traveling public and will lower the existing noise levels in the restricted area.
The Township hereby prohibits the use by the operator of any vehicle of brake retarders on Traffic Route 35 from its intersection with South Ridge Road (Township of Fermanagh T-396) to its intersection with Butchershop Road (Township of Fermanagh T-501).
The Township shall erect and maintain the appropriate traffic signs at both ends of the described section of Traffic Route 35.
The term "brake retarder" is intended to include any hydraulically operated device that converts a power producing diesel engine into a power absorbing retarding mechanism.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.