[Added 3-15-2011 by Ord. No. 5-11]
As used in this article, the following terms shall have the meanings indicated:
ENGINE-BRAKING
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 the excessive loud, unusual or explosive noise from such vehicle.
It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any road within the Township of Brick, any mechanical exhaust or decompression device which results in the practice known as "engine-braking."
The provisions of this article shall not apply to the application of un-muffled compression brakes where necessary for the protection of persons and/or property if said application is necessary for the health, safety and welfare of the community. Sounds created by emergency equipment for emergency purposes are also exempt.
The Township is hereby authorized to post, at reasonable locations within the Township, signs indicating the prohibition of "engine-braking," which shall state "Warning: Use of un-muffled engine brakes prohibited except in an emergency," or "Jake Braking/Engine Braking Prohibited," with additional reference to the ordinance number.
Unless another penalty is expressly provided by New Jersey Statutes, a person convicted of a first violation of this chapter shall be subject to a fine of not more than $100 and/or to imprisonment for a period not to exceed 10 days. A person convicted of a second violation of this chapter shall be subject to a fine of not more than $200 and/or to imprisonment for a period not to exceed 20 days. A person convicted of a third or subsequent violation of this chapter shall be subject to a fine or not more than $500 and/or by imprisonment for a period not to exceed six months.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional for any reason, such decision shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.