This article shall be known and may be cited
as the "Ephrata Borough Engine Brake Ordinance."
Borough Council of the Borough of Ephrata, Lancaster
County, Pennsylvania, finds as a fact, that the operation of an engine
brake on a gasoline-powered or diesel-powered motor vehicle creates
excessive noise through the use of said engine brake, adversely affecting
the public health, safety and welfare of the residents of Ephrata
Borough and is, therefore, a nuisance in fact.
No gasoline-powered or diesel-powered motor
vehicle shall be operated on any street, road, alley, or highway within
the Borough of Ephrata utilizing, in said operation, an engine brake.
This article shall not apply to emergency driving
situations requiring the utilization of an engine brake to protect
the safety and property of the residents of Ephrata Borough, other
motor vehicle operators, pedestrians, and the operator and passengers
of the motor vehicle involved in said emergency situation.
This article shall not apply to emergency vehicles
operated by volunteer fire companies, hospitals, emergency management
organizations, law enforcement organizations or other similar entities
providing emergency service while responding to emergency calls.
For each violation of the provisions of this
article, any person who commits, takes part in, or assists in any
such violation shall be liable upon conviction thereof in a summary
proceeding to pay a fine of not less than $100 nor more than $1,000
for each offense, together with the costs of prosecution. Each day
or portion thereof in which a violation exists shall be considered
a separate violation of this article, and each section of this article,
that is violated shall be considered a separate violation.