Borough of Netcong, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 4-13-2006 by Ord. No. 2006-4. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 268.

§ 151-1 Definition.

"Engine-braking" shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual or explosive noise from such vehicle.

§ 151-2 Prohibition.

It shall be unlawful for the driver of any motor vehicle or truck to use or operate or cause to be used or operated, at any time and on any road within the Borough of Netcong, any mechanical exhaust or decompression device which results in the practice known as "engine braking."

§ 151-3 Exceptions.

The provisions of this chapter shall not apply to the application of engine braking:
A. 
Where conventional brakes have failed and a reasonable person would conclude that the application of unmuffled compression brakes is necessary for the protection of persons and/or property; or
B. 
By emergency equipment being used for emergency purposes.

§ 151-4 Posting of signs.

The Borough is hereby authorized to post at reasonable locations within the Borough signs indicating the prohibition of engine braking.

§ 151-5 Violations and penalties.

Unless another penalty is expressly provided by New Jersey statute, any person convicted of a violation of this chapter shall be subject to a fine of not more than $1,250 or imprisonment for a term not exceeding 90 days or a period of community service for not more than 90 days, or any combination thereof. Any person who is convicted of a violation of this chapter within one year of the date of a previous violation for the same offense and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not exceed $1,250 for each repeat violation, and shall be calculated separately from the fine imposed for the initial violation.