Chapter 11.05
UNMUFFLED COMPRESSION BRAKES PROHIBITED

Sections:

11.05.010    Declaration of purpose.

11.05.020    Scope and construction of terms.

11.05.030    Definitions.

11.05.040    Prohibited areas.

11.05.050    Notice and posting of signs.

11.05.060    Violation – Penalty.

11.05.010 Declaration of purpose.

It is hereby declared by the Board of County Commissioners that the use of unmuffled compression brakes in some areas within the corporate limits of Cowlitz County disturbs the peace and quiet and disturbs the residents of the county in their rest and in the enjoyment of their property, and by reason thereof, the Board of County Commissioners finds the use of such brakes in designated areas to be a public nuisance. [Ord. 15-069, § 2 (Exh. A), 7-7-15; Ord. 13-133, § 2 (Exh. A), 11-26-13.]

11.05.020 Scope and construction of terms.

Terms used in this chapter shall have that meaning given to them in RCW Title 46, except as expressly defined herein; and where not defined herein shall have that meaning clearly indicated by the context in which such term is used. [Ord. 15-069, § 2 (Exh. A), 7-7-15; Ord. 13-133, § 2 (Exh. A), 11-26-13.]

11.05.030 Definitions.

“Brake” means any device used for slowing, halting or stopping the movement of any motor vehicle.

“Compression brakes” means motor vehicle brakes which are activated or worked by the compression of the engine of the motor vehicle.

“Motor vehicle” includes automobiles, tractors, trucks, trailers and transportation equipment of all kinds and sizes or any combination or combinations of the foregoing; except authorized emergency vehicles, as that term is utilized in RCW Title 46, and public vehicles necessary for the health, safety, and welfare of the community, shall not be subject to these regulations.

“Unmuffled compression brake” means a compression brake which is not effectively muffled to prevent excessive noise. [Ord. 15-069, § 2 (Exh. A), 7-7-15; Ord. 13-133, § 2 (Exh. A), 11-26-13.]

11.05.040 Prohibited areas.

The use of compression brakes in the following designated areas within the corporate limits of Cowlitz County is prohibited unless such braking system is equipped with a functional muffler; excepting such prohibition shall not apply if an emergency situation exists, and the use of unmuffled compression brakes is necessary for the protection of persons or property which cannot be avoided by application of an alternative braking system:

Road Name

Geographical Location

Approximate Start Location (SEC-TWP-RGE)

County Road Number

Milepost
(Beginning – End)

Butte Hill Road

Off SR-503

32-6N-1E

36330

0.46 – 2.87

Hooper Road

Off Abernathy Creek Road

35-9N-4W

21090

0.00 – 1.25

Rose Valley Road

Near Rose Valley Elementary School

9-7N-1W

40110

2.22 – 2.57

South Silver Lake Road

Past Headquarters Road

21-9N-1W

55440

4.00 – 5.46

West Side Highway

Near Castle Rock City Limits

10-9N-2W

26000

0.66 – 1.25

[Ord. 15-069, § 2 (Exh. A), 7-7-15; Ord. 13-133, § 2 (Exh. A), 11-26-13.]

11.05.050 Notice and posting of signs.

A. The Cowlitz County Department of Public Works shall, as soon as possible following the effective date of the creation of a designated area for compression brake restrictions under CCC 11.05.040, but in any event not more than 30 days thereafter, erect signs upon all county roads approaching or entering said compression brake restriction area.

B. The signs shall be of a size and character to be readily visible and readable, declaring that “Unmuffled Compression Brake Use Prohibited” or substantially similar wording, and referencing this chapter. [Ord. 15-069, § 2 (Exh. A), 7-7-15; Ord. 13-133, § 2 (Exh. A), 11-26-13.]

11.05.060 Violation – Penalty.

Violations of this chapter are traffic infractions, and shall be processed in accordance with the Infraction Rules for Courts of Limited Jurisdiction, as now or hereafter amended. Fines imposed for violations of this chapter shall not exceed the maximum penalty set forth in RCW 46.63.110(1), as now or hereafter amended. [Ord. 15-069, § 2 (Exh. A), 7-7-15; Ord. 13-133, § 2 (Exh. A), 11-26-13.]