Article 12
Motor Vehicle Noise Nuisances
§7-1201 Short Title.
This article shall be known and may be cited as the “Cornwall Borough Engine Brake Retarder Ordinance.”
(Ord. 2019-2, 8/12/2019, §1)
§7-1202 Legislative Intent.
Borough Council 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 Cornwall Borough and, therefore, is a nuisance in fact.
(Ord. 2019-2, 8/12/2019, §1)
§7-1203. Engine Brake Retarders Prohibited.
No gasoline-powered or diesel-powered motor vehicle shall be operated on any of the streets, roads, alleys or highways within the Borough of Cornwall set forth below utilizing, in said operation, an engine brake retarder without exhaust mufflers or with defective exhaust mufflers or modified exhaust mufflers.
|
Name of Street |
Location |
|---|---|
|
Freeman Drive (SR 0419) |
Maple Lane eastward to Cornwall Center (intersection of Freeman Drive, Burd Coleman Road and Cornwall Road) |
|
Shaeffer Road (SR 0419) |
Cornwall Center (intersection of Freeman Drive, Burd Coleman Road and Cornwall Road) eastward to municipal boundary line |
(Ord. 2019-2, 8/12/2019, §1; as amended by Ord. 2020-6, 12/14/2020, §1)
§7-1204. Emergency Situations.
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 Cornwall Borough, other motor vehicle operators, pedestrians and the operator and passengers of the motor vehicle involved in said emergency situation.
(Ord. 2019-2, 8/12/2019, §1)
§7-1205. Emergency Vehicles.
This article shall not apply to emergency vehicles operated by volunteer fire companies while responding to emergency calls.
(Ord. 2019-2, 8/12/2019, §1)
§7-1206. Violations and Penalties.
For each violation of the provisions of this article, any person who commits, takes part in or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $100 nor more than $1,000 for each offense, together with the costs of prosecution and the Borough's reasonable attorneys' fees. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article, and each section of this article which is violated shall be considered a separate violation.
(Ord. 2019-2, 8/12/2019, §1)