[Added 6-9-2014 by Ord.
No. 2014-10]
The Borough Council of the Borough of Lewistown (the "Borough")
finds that the operation of motor- or engine-retarding devices, commonly
known as "jake brakes" (but referred to herein as an "engine-retarding
device"), on gasoline-, diesel- or other-fuel-powered vehicles, whether
or not such vehicles are equipped with proper exhaust mufflers or
defective or modified exhaust mufflers or systems, creates noise through
the use of such devices in the Borough that adversely affects the
public health, safety and welfare of the residents of the Borough.
The Borough Council of the Borough of Lewistown finds that the
operation of engine-retarding devices creates noise and disturbance
as to create a nuisance in fact, which nuisance Borough Council is
authorized to prohibit pursuant to Section 1202(4) of the Borough
Code, as reenacted and amended May 17, 2012, P.L. 262, No. 43.[1] Necessary approval to regulate engine-retarding devices
as contemplated by this article has been obtained from the Pennsylvania
Department of Transportation in accordance with 67 Pa. Code § 179.10(20)
as a condition precedent to the exercise by Borough Council of its
authority under this article.
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1202(4).
A used in this article, the term "engine-retarding device" shall
mean any motor/engine-retarding device, engine brake retarder, exhaust
brake retarder or hydraulic brake retarder, retarding device or system
that acts as or is intended to act to supplement the service brakes
or wheel brakes that brakes the motor, engine or other system other
than the wheels for purposes of or as a means of slowing or stopping
a truck, truck tractor, motor carrier vehicle, motor vehicle or vehicle.
No person, firm, corporation, association or entity shall use
an engine-retarding device on or along the following roads or highways
within the Borough of Lewistown:
|
Street
|
Between
|
|---|---|
|
South Juniata Street (S.R. 3006)
|
From Market Street to segment 0040/offset 0700 (50 mph zone)
|
|
South Main Street (S.R. 3001)
|
From Borough Line to Market Street (S.R. 1005)
|
|
Valley Street (S.R. 1005)
|
From East Third Street to North Walnut Street
|
|
Walnut Street (S.R. 522)
|
Spring Street to Borough Line
|
|
West Fourth Street (S.R. 3002)
|
From Borough Line to Juniata Street (S.R. 3006)
|
Signs shall be erected on highways or roadways entering the Borough where the use of engine-retarding devices is prohibited as identified in § 233-77 above, notifying persons of the prohibition against the use of engine-retarding devices in the Borough, which signs and their specific locations shall be in compliance with any applicable regulations of the Pennsylvania Department of Transportation.
The enforcement of this article shall be by action before a
Magisterial District Judge in the same manner as provided for the
enforcement of summary offenses. Any person, firm, corporation, association
or entity violating any provision of this article shall, upon conviction,
be subject to pay a fine not to exceed $1,000, reasonable attorneys'
fees incurred by the Borough, plus costs of prosecution and, in default
of payment thereof, be sentenced to undergo imprisonment as allowed
by law for the punishment of a summary offense.
This article shall be enforced by any law enforcement officer
having jurisdiction in the Borough of Lewistown.
