[Added 3-21-2000 by Ord. No. 718, approved 3-21-2000]
This article shall be known as "Shippensburg
Borough Engine Brake Retarder Ordinance."
The Borough Council of the Borough of Shippensburg,
Cumberland and Franklin Counties, Pennsylvania, finds as a fact that
the operation of an engine brake retarder on a gasoline-powered or
diesel-powered motor vehicle not equipped with exhaust mufflers, or
equipped with defective or modified exhaust mufflers, so as to create
excessive noise through the use of said engine brake retarder, adversely
affects the public health, safety and welfare of the residents of
the Borough of Shippensburg and is a nuisance in fact.
No gasoline-powered or diesel-powered motor
vehicle shall be operated on any highways, streets, avenues, alleys
and boulevards, etc., within the Borough of Shippensburg, Cumberland
and Franklin Counties, Pennsylvania, utilizing, in said operation,
an engine brake retarder without exhaust mufflers or with defective
or modified exhaust mufflers permitting excessive noise to be created
by said motor vehicle through the use of the engine brake retarder.
This article shall not apply to emergency driving
situations requiring the utilization of an engine brake retarder to
protect the safety and property of the residents of the Borough of
Shippensburg, other motor vehicle operators, pedestrians and the operator
and passengers of the motor vehicle involved in said emergency situation.
Signs shall be posted at the Borough boundary
line of all highways, streets, avenues, alleys and boulevards, etc.,
entering the Borough of Shippensburg advising motor vehicle operators
of the prohibition of the use of engine brake retarders consistent
with this article.
Any person, persons, firm, corporation or organization
violating any of the provisions of this article shall, upon summary
conviction before a District Magistrate/District Justice having jurisdiction,
be sentenced to pay a fine of not more than $300 and costs of prosecution
and, in default of the payment thereof, shall be sentenced to undergo
imprisonment for a period not to exceed 10 days.
Any law enforcement officer of the Borough shall
implement the enforcement of this article.
