A.
No person shall use or operate a brake retarder on any vehicle traveling
on West 38th Street (SR 4016) between Asbury Road and Zuck Road. This
prohibition shall become effective upon completion of posting of signage
required by this article.
A.
Official signs giving notice of the prohibition and of a vehicle's
leaving the area of prohibition shall be erected and maintained on
West 38th Street, generally as set forth on the drawing attached hereto
as Appendix 1.[1] As required by PennDOT, such signage shall include at
a minimum:
(1)
A thirty-inch-by-thirty-six-inch sign conforming to PennDOT Sign
R14-9, located akin to Location A on Appendix 1 as vehicles enter
or approach the prohibition area, reading: "BRAKE RETARDERS PROHIBITED
NEXT 3 MILES."
(2)
A thirty-inch-by-thirty-six-inch sign conforming to PennDOT Sign
R14-9, located as vehicles leave the prohibition area (Location B),
generally as shown on Appendix 1, reading: "END BRAKE RETARDER PROHIBITION."
[1]
Editor's Note: Appendix 1 is on file in the Township offices.
B.
The Township shall be responsible for obtaining, erecting, maintaining
and, as needed, replacing signs.
Emergency vehicles required or authorized to have brake retarders
are exempted from the regulations of this article.
A.
Each violation of this article shall constitute a separate offense.
B.
Any person(s) or entity(ies) who or which violate any of the provisions of this article, upon a summary conviction, shall be sentenced to pay a fine of not less than $100 and not more than $300, as well as costs of prosecution. To the extent permitted by state law, such fine shall be paid over to the Millcreek Township Treasurer. In accordance with the provisions of Chapter 48, Enforcement and Collection Activities, Articles I and II (Ordinance Nos. 96-8 and 96-9), as the same may be amended, a person found to have violated this article shall also be obligated to pay all attorneys' fees incurred by Millcreek Township in such proceeding.
This article shall be enforced by the Millcreek Township Police
Department.
In accordance with the requirements of 67 Pa. Code § 179.10,
prohibition of use of brake retarders shall not be effected without
prior written approval of PennDOT.