Chapter 10.15
ENGINE COMPRESSION BRAKE DEVICES
Sections:
10.15.020 Declaration of public nuisance.
10.15.030 Engine compression brake devices prohibited – Exception.
10.15.040 Violation – Penalty.
10.15.010 Definitions.
The following definitions shall apply for purposes of this chapter:
A. “Brake” means any device used for slowing, halting, or stopping the movement of any motor vehicle.
B. “Engine compression brake device” is any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine.
C. “Motor vehicle” means and includes every self-propelled device capable of being moved upon the public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks, and including automobiles, tractors, trucks, trailers and transportation equipment of all kinds and sizes or any combination or combinations of the same. (Ord. 11-367 § 2 (Exh. A)).
10.15.020 Declaration of public nuisance.
The city council finds that the use and operation within the city limits of engine compression brake devices disturbs and disrupts the public peace and quiet and disturbs the residents of the city and their rest and in the enjoyment of their property. The city council therefore declares that the use and operation of such brakes within the city limits is a public nuisance and may be abated as such in addition to all other applicable remedies and penalties. (Ord. 11-367 § 2 (Exh. A)).
10.15.030 Engine compression brake devices prohibited – Exception.
The use within the city limits of engine compression brake devices is prohibited, unless the motor vehicle is equipped with an operational muffler, exhaust system or other lawful apparatus that effectively muffles the noise. (Ord. 11-367 § 2 (Exh. A)).
10.15.040 Violation – Penalty.
Any person who violates any of the provisions of this chapter or who allows or permits any motor vehicle owned and/or operated by said person to be operated in violation of any of the provisions of this chapter shall have committed a civil infraction. (Ord. 11-367 § 2 (Exh. A)).