[Added 11-7-2005 by Ord.
No. 03-05]
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended.
The Borough of Boyertown, Berks County, Pennsylvania.
A mechanical device which is designed to supplement a vehicle's
service brakes by producing a retarding torque about one of the rotating
components in a vehicle, converting kinetic energy to heat and thereby
retarding the forward motion of a vehicle. Such devices are commonly
known as "Jake brakes®" or "jacob brakes."
The combined weight of a vehicle or combination of vehicles
and its load and driver.
A truck, truck tractor or combination having a gross weight
or registered weight in excess of 17,000 pounds.
A vehicle which is self-propelled except one which is propelled
solely by human power or by electric power obtained from overhead
trolley wires, but not operated on rails.
A natural person, firm, partnership, association or corporation.
A motor vehicle designed, used or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks.
A.
Except as provided in Subsection 3, no person shall use a brake retarder,
as that term is defined in this article, while operating a truck tractor,
motor carrier vehicle, motor vehicle or other vehicle on State Routes
73, 562 and 2067 in the Borough of Boyertown.
B.
Any motor vehicle operating along State Routes 73, 562, and 2067
in the Borough of Boyertown having a gross weight, as that term is
defined in this article, above 80,000 pounds is not prohibited from
using brake retarders when necessitated by traffic or roadway conditions.
Signs shall be erected along State Routes 73, 562 and 2067 in
the Borough of Boyertown as required by law, advising persons of the
prohibition of the use of brake retarders.
Any person who violates any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300 plus costs and, in default of payment of said fine and costs,
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
Enforcement of this article shall be implemented by any law
enforcement officer of the Borough.
This article shall become effective according to applicable law or when appropriate signs have been posted in the manner required by law on those highways designated in § 184-56 above, whichever occurs later.
