[Adopted 11-3-2003 by Ord. No. 6-2003 (Ch. 135, Part 3, of the 1985 Code)]
This article shall be known as the "Spring Grove Borough Engine Brake Retarder Ordinance."
The Borough Council of Spring Grove Borough finds as a fact that the operation of an engine brake retarder on a gasoline-powered or diesel-powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, which results in the creation of excessive noise through the use of said engine brake retarder, adversely affects the health, safety and welfare of the residents of the Borough and all other members of the general public, and therefore declare such use a nuisance.
No gasoline-powered or diesel-powered motor vehicle shall be operated on Main Street (SR 0116), Hanover Street (SR 3072), Roths Church Road (SR 3059) and Jackson Street (SR 3057), within Spring Grove Borough, utilizing in its operation an engine brake retarder, without exhaust mufflers, or with defective or modified exhaust mufflers, resulting in the creation of excessive noise by the motor vehicle.
This article shall not apply to emergency driving situations requiring the utilization of an engine brake retarder to protect the safety and property of the residents of the Borough, the general public, other motor vehicle operators, pedestrians or the operator and/or passengers of the motor vehicle involved in such emergency situation.
Signs shall be erected within the Borough limits on the streets identified in § 375-42 advising motor vehicle operators of the prohibition of the use of engine brake retarders consistent with this article.
This article shall be enforced by the Southwestern Regional Police Department or such other police department as from time to time shall be vested by the Borough with police powers within the Borough boundaries.
Any person, firm, corporation or organization violating any of the provisions of this article, upon summary conviction before a Magisterial District Judge or a court having jurisdiction, shall be sentenced to pay a fine of not more than $300 and costs of prosecution and, in default of the payment of such fine, shall be sentenced to undergo imprisonment for a period not to exceed 10 days.
This article shall be deemed to be compatible with any and all statutes, other sections of the Code or any other ordinances of the Borough. To the extent that this article is inconsistent with other such sections or ordinances, this article shall control and supersede such other sections or ordinances. To the extent that a violation of this article also constitutes a violation of any other statute or section or article of this Code, or other ordinance, then this article shall be in addition to, and not instead of, any other such violations, to the extent permitted by law.
The provisions of this article are severable. If any sentence, clause or section of this article for any reason is found to be unconstitutional, illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.