[HISTORY: Adopted by the Borough Council of the Borough of New Salem 1-2-2007 by Ord. No. 1-2007. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 222.
This chapter shall be known as the "New Salem Borough Engine Brake Retarder Ordinance."
The Borough Council of the Borough of New Salem, York County, Pennsylvania, finds as a fact that the operation of engine brake retarders on gasoline-powered or diesel-powered motor vehicles not equipped with exhaust mufflers or equipped with defective or modified exhaust mufflers, so as to create excessive noise and vibration through the use of said engine brake retarders, adversely affects the public health, safety and welfare of the residents of the Borough of New Salem, and therefore is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle (as the same is defined in the Vehicle Code of the Commonwealth of Pennsylvania) shall be operated on any Borough street, or on SR 0616 (North and South Main Streets), or on SR 3042 (East and West George Streets) within the Borough of New Salem that utilizes, in said vehicle operation, an engine brake retarder without exhaust mufflers, or with defective or modified exhaust mufflers, or in any manner which permits loud noise to be created by said motor vehicle through the use of an engine brake retarder.
This prohibition shall not apply to emergency vehicles driving in emergency situations or any other emergency driving situations in which the utilization of an engine brake retarder is necessary to protect the safety and property of the citizens of New Salem Borough, other motor vehicle operators and passengers and pedestrians.
Signs shall be erected at or near the entrance to the limits of New Salem Borough in accordance with the correspondence received from the Pennsylvania Department of Transportation, dated November 8, 2006, to advise the operators of motor vehicles of the prohibition of the use of engine brake retarders as set forth in this chapter.
Any person or other legal entity who or which shall violate or fail, neglect or refuse to comply with any other provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, and, in default of payment thereof, to be imprisoned for a period of not more than 30 days.