[HISTORY: Adopted by the Borough Council of the Borough of Morrisville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 376.
Vehicles and traffic — See Ch. 435.
[Adopted 6-22-2011 by Ord. No. 985]
This article shall be known as the "Morrisville Borough Engine Brake Retarder Ordinance."
The Borough Council of the Borough of Morrisville, Bucks County, Pennsylvania, finds as a fact that the operation of an engine brake on a gasoline-powered or diesel-powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers (commonly referred to as engine brake retarders), so as to create excessive noise through the use of said engine brake, adversely affects the public health, safety and welfare of the residents of the Borough of Morrisville and, therefore, is a nuisance in fact.
No gasoline-powered or diesel-powered motor vehicle shall be operated on the following streets, roads, alleys or highways within the Borough of Morrisville, Bucks County, Pennsylvania, utilizing, in said operation, an engine brake, without exhaust mufflers, or with defective or modified exhaust mufflers (commonly referred to as engine brake retarders), permitting excessive noise to be created by said motor vehicle:
A. 
North Pennsylvania Avenue: Ridge Avenue to Bridge Street.
B. 
South Pennsylvania Avenue: Bridge Street to Post Road.
C. 
North Delmorr Avenue: East Trenton Avenue to East Bridge Street.
D. 
West Philadelphia Avenue: South Pennsylvania Avenue to Wright Avenue.
E. 
East Bridge Street: Trenton-Makes (Lower) Bridge to Pennsylvania Avenue.
F. 
West Bridge Street: Pennsylvania Avenue to Althea Avenue.
G. 
East Trenton Avenue: Calhoun Street Bridge to Pennsylvania Avenue.
H. 
West Trenton Avenue: Pennsylvania Avenue to Route 13.
Morrisville Borough shall erect notice provisions ("signs") indicating that engine brake retarders are prohibited at the locations identified in § 293-6 of this article.
This article shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Morrisville Borough, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation.
A. 
Any person, firm, corporation or organization violating any of the provisions of this article shall, upon summary conviction before a District Magistrate having jurisdiction, be guilty of violating Section 3111 of the Pennsylvania Vehicle Code, 75 Pa.C.S. § 3111, and shall be deemed a nuisance under this article and shall be punishable by a minimum fine of not less than $100 and a maximum fine of not more than $1,000, plus costs of prosecution and, in default of the payment thereof, shall be sentenced to undergo imprisonment in the Borough for a period not to exceed 10 days or imprisonment in the county jail for a period not to exceed 30 days.
B. 
In addition, Morrisville Borough may institute an action for injunctive relief to prohibit or abate any activity in violation of the provisions of this article when repeated violations by the same person, firm, corporation or organization occur.