Chapter 10.40
COMPRESSION BRAKES PROHIBITED
Sections:
10.40.020 Use declared nuisance.
10.40.030 Prohibitions – Exception.
10.40.040 Penalties and enforcement.
10.40.010 Definitions.
“Brake” means any device used for slowing, halting or stopping the movement of any motor vehicle.
“Motor vehicle” means and includes every self-propelled device capable of being moved upon a 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. 247 § 1, 1999).
10.40.020 Use declared nuisance.
The City Council finds that the use within the City limits of motor vehicle brakes which are activated or worked by the compression of the engine of a motor vehicle disturbs and disrupts the public peace and quiet and disturbs the residents of the City in their rest and in the enjoyment of their property and by reason thereof the City Council finds that the use of such brakes within the City limits is a public nuisance.
(Ord. 247 § 2, 1999).
10.40.030 Prohibitions – Exception.
The use within the City limits of any motor vehicle brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or of any unit or part thereof is prohibited, unless the noise created thereby is effectively muffled.
(Ord. 247 § 3, 1999).
10.40.040 Penalties and enforcement.
A. Criminal Penalties. 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 is guilty of a misdemeanor and upon conviction thereof shall be penalized as provided for in Chapter 1.15 UPMC.
B. Civil Penalties. In addition to any criminal penalties, any person who fails to comply with the provisions of this chapter shall be subject to a civil penalty in accordance with Chapter 1.15 UPMC.
C. Other Legal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter.
D. Enforcement action by the City shall be in accordance with Chapter 1.20 and/or 1.30 UPMC at the City’s discretion.
(Ord. 688 § 1 (Exh. E), 2017; Ord. 247 § 4, 1999).
10.40.050 Signage.
The Director is authorized to post such signage as may be appropriate, and consistent with the provisions of this chapter.
(Ord. 423 § 25, 2004; Ord. 247 § 5, 1999).