Township of Londonderry, PA Article II Brake Retarders

[Adopted 10-27-2003 by Ord. No. 6-2003]

§ 84-9 Legislative intent.

The Board of Supervisors finds, as a fact, that the operation of an exhaust or engine brake, also known as "brake retarder," on a gasoline-powered or diesel-powered motor vehicle not equipped with exhaust mufflers or equipped with an exhaust system, so as to create excessive noise through the use of said engine brake, adversely affects the public health, safety and welfare of the residents of Londonderry Township and, therefore, is a nuisance in fact.

§ 84-10 Engine brakes prohibited.

No gasoline-powered or diesel-powered motor vehicle shall be operated on the streets, roads, alleys or highways within Londonderry Township listed below utilizing in said operation an engine brake, also known as "brake retarders," on a gasoline-powered or diesel-powered vehicle which is equipped with an exhaust system, either modified or factory installed, which permits excessive noise to be created by said motor vehicles using the engine brake. The streets subject to this prohibition shall be as follows:

Name of Street	Location
PA Route 41	Entire length through Township

§ 84-11 Posting of prohibition.

At the entrance to the borders of Londonderry Township, the following signs shall be established: "BRAKE RETARDERS PROHIBITED WITHIN MUNICIPAL LIMITS." At the border of Londonderry Township, as travelers on roadways depart, the following signs shall be present: "END BRAKE RETARDER PROHIBITION."

§ 84-12 Emergency situations.

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 Londonderry Township, other motor vehicle operators, pedestrians and the operator and passengers of the motor vehicle involved in said emergency situation.

§ 84-13 Enforcement; violations and penalties.

Any person or entity who commits, takes part in, encourages or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice 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. In addition, the Township may proceed in a court of equity having jurisdiction to enjoin the continuous violation of the provisions of this article which creates a condition from which there is no adequate remedy at law.