[Added 5-14-2007 by Ord. No. 02-2007]
As used in this article, the following terms
shall have the meanings indicated:
A mechanical device which is designed to supplement a vehicle's
service brakes by producing a retarding torque about one of the rotating
components in a vehicle, converting kinetic energy to heat and thereby
retarding the forward motion of a vehicle.
An engine brake retarder converts a diesel engine
from a power-producing motor to a power-expending air compressor by
changing the timing of the opening of the engine exhaust valves.
An exhaust brake retarder constricts the flow
of exhaust gases through the manifold, increasing the system back
pressure and keeping the engine exhaust valves from closing at designed
intervals.
An hydraulic brake retarder converts kinetic
energy to heat by shearing a liquid with a rotating component inside
a chamber.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel. The term includes a roadway
open to the use of the public for vehicular travel on grounds of a
college or university or public or private school or public or historical
park.
Every device which is or may be moved or drawn upon a highway,
except devices used exclusively upon rails or tracks.
A.
Pursuant to a site study and inspection conducted
by PennDOT on Thursday, February 22, 2007, the use of engine brake
retarders by any motor vehicle shall be prohibited along the following
sections of state highways in Allegheny Township, Westmoreland County:
(1)
Site 1: State Route 56 from a marker near Welte Drive
to Greenwood Road, more specifically described as: Beginning at westbound
segment 0160 Offset 1995 starting with Sign No. R14-9 and ending at
westbound Segment 0150 Offset 0620 with Sign No. R14-9A.
(2)
Site 2: State Route 356 from a marker near the intersection
of Towne Center Drive to an unnamed bridge adjacent to Dawn Drive,
more specifically described as follows: From westbound Segment 0092
Offset 2550 beginning with Sign No. R14-9 to westbound Segment 0082
Offset 1075 ending with Sign No. R14-9A.
B.
The Township shall post signs that read "Brake Retarders
Prohibited Within Township Limits" along sections of the highways
described herein as approved by PennDOT for the prohibition of engine
brake retarders. The Township shall also post a sign that reads "End
Brake Retarder Prohibition" to indicate the point where the restriction
no longer applies.
C.
The Allegheny Township Police Department shall be
responsible for enforcement of the prohibition of brake retarders.
D.
This article is authorized by virtue of PennDOT's
report dated March 1, 2007 and the findings and conclusions contained
therein based upon PennDOT's site visit and study conducted on Thursday,
February 22, 2007, a copy of which is available for review and inspection
at the offices of Allegheny Township, 136 Community Building Road,
Leechburg, PA 15656, during regular business hours.
E.
Fines and penalties for violations. Violations of this Article V shall be enforced through an action brought before a District Magisterial Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Violations are subject to a criminal fine of $1,000 for each violation.
F.
This article shall be effective on the fifth day following
its enactment.