[HISTORY: Adopted by the Board of Supervisors of the Township of Union as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-10-2014 by Ord. No. 2014-04]
This article shall be known as the "Union Township Engine Brake Ordinance of 2014."
The Board of Supervisors of Union Township, Washington County, Pennsylvania, finds, as a fact, that the operation of an engine brake on a gasoline-powered or diesel-powered motor vehicle creates excessive noise through the use of said engine brake, adversely affects the public health, safety and welfare of the residents of Union Township and, therefore, is a nuisance in fact.
No operator of a gasoline-powered or diesel-powered motor vehicle shall utilize an engine brake while operating on the streets, roads, alleys or highways within the Township of Union, Washington County, Pennsylvania, due to excessive noise being created by said motor vehicles.
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 Union Township, other motor vehicles operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation.
The terms of this article shall not apply to vehicles utilized by any volunteer fire company and/or ambulance service.
This article shall not apply to hybrid vehicles using electric regeneration or pneumatic/hydraulic-energy recuperation for braking.
Any person, firm, corporation or organization violating any of the provisions of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.