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 excessive, loud, unusual or explosive noise
from such vehicle.
Engine braking prohibited. 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 roadway within the City of Hackensack, any
mechanical exhaust or decompression device which results in a practice
known as "engine braking."
Exceptions. The provisions of this section shall not apply to engine
braking where necessary for the protection of persons and/or property
which cannot be avoided by application of an alternative braking system.
Noise caused by the application of engine compression brakes, otherwise
known as "engine braking," which is effectively muffled or if the
application is necessary for the health, safety and welfare of the
community, is exempt from the provisions of this section. Sounds created
by emergency equipment for emergency purposes are also exempt.
Posting of signs. The City is hereby authorized to post signs at
reasonable locations within the City indicating the prohibition of
the practice of engine braking.
Violations and penalties. Unless another penalty is expressly provided
by New Jersey Statute, any person convicted of a violation of this
section shall be punished for a first conviction thereof by a fine
of not more than $100 or by imprisonment for a period not to exceed
10 days, or by both such fine and imprisonment; for a second conviction,
such person shall be punished by a fine of not more than $200 or by
imprisonment for a period not to exceed 20 days, or by both such fine
and imprisonment; and upon the third or any subsequent conviction,
such person shall be punished by a fine of not more than $500 or by
imprisonment for a period not to exceed six months, or by both such
fine and imprisonment.