[Added 8-24-2009 by Ord. No. 710]
This article shall be known and may be cited as the "Palmyra
Borough Brake Retarder Ordinance."
Borough Council of the Borough of Palmyra, Lebanon County, Pennsylvania,
finds, as a fact, that the operation of a brake retarder on a motor
vehicle, so as to create excessive noise through the use of said brake
retarder, adversely affects the public health, safety and welfare
of the residents of Palmyra Borough and, therefore, is a nuisance
in fact.
No motor vehicle shall be operated on the highways within the
Borough of Palmyra listed below utilizing, in said operation, a brake
retarder. The highways subject to this prohibition shall be as follows:
|
Highway
|
Location
|
|---|---|
|
East Broad Street
|
Entire length
|
|
East Main Street
|
Entire length
|
|
East Ridge Road
|
Entire length
|
|
North Forge Road
|
Entire length
|
|
North Grant Street
|
Entire length
|
|
North Railroad Street
|
Entire length
|
|
South Forge Road
|
Entire length
|
|
South Railroad Street
|
Entire length
|
|
West Broad Street
|
Entire length
|
|
West Main Street
|
Entire length
|
|
West Ridge Road
|
Entire length
|
This article shall not apply to emergency driving situations
requiring the utilization of a brake retarder to protect the safety
and property of the residents of Palmyra Borough, other motor vehicle
operators, pedestrians, and the operator and passengers of the motor
vehicle involved in said emergency situation.
This article shall not apply to emergency vehicles operated
by volunteer fire companies while responding to emergency calls.
Signs shall be posted in appropriate places advising motor vehicle
operators of the prohibition of brake retarders consistent with this
article.
For each violation of the provisions of this article, any person who commits, takes part in, or assists in any such violation shall be shall be subject to the penalties provided in § 350-6. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article. The amount of any fine imposed by a Magisterial District Judge or a court shall be in addition to any other fine which may be imposed under the provisions of any other ordinance of the Borough or under any statute.
