Chapter 10.32


10.32.010    Compression brakes prohibited.

10.32.020    Fire department.

10.32.030    Signage.

10.32.040    City nonliability.

10.32.050    Penalty.

10.32.010 Compression brakes prohibited.

Except as provided in this chapter, no person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine or any such motor vehicle or any unit or part thereof. It shall be an affirmative defense that said compression brakes were applied in an emergency and were necessary for the protection of the person and/or property. (Ord. 792 § 1, 1991)

10.32.020 Fire department.

This chapter shall not apply to any member of the Newport fire department operating a Newport fire department vehicle, nor to any person operating any public conveyance within the city limits. (Ord. 792 § 2, 1991)

10.32.030 Signage.

The public works field supervisor of the city of Newport is to post signs at the highway entrance to the city informing the public of this chapter. The chief of police is to take reasonable steps to inform the public and businesses of the city of Newport of this chapter and not to drive vehicles with jake brakes through the city of Newport. (Ord. 792 § 4, 1991)

10.32.040 City nonliability.

A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

B. It is the specific intent of this chapter that no provision nor term used in this chapter is intended to compose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

C. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure to comply with the provisions of this chapter, or by reason or consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason or any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 792 § 6, 1991)

10.32.050 Penalty.

Any person who violates any section of this chapter shall be deemed to have committed a Class 1 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. (Ord. 2102 § 10, 2022; Ord. 939 § 2, 2000)