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.