[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-6-2000 by Ord. No. 2000-2]
The operation of an engine brake 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, adversely affects the
public health, safety and welfare of the residents of Derry Township
and therefore is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be
operated on the streets, roads, alleys or highways within Derry Township
utilizing, in said operation, an engine brake without exhaust mufflers,
permitting excessive noise to be created by said motor vehicles using
the engine brake.
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 Derry Township, other motor vehicle
operators, pedestrians and the operator and passengers of the motor
vehicle involved in said emergency situation.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $100 nor 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.
