Borough of Elizabethtown, PA
Lancaster County
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[Ord. 969, 6/18/2015]
This Part shall be known and may be cited as the "Elizabethtown Borough Engine Brake Ordinance."
[Ord. 969, 6/18/2015]
The Elizabethtown Borough Council, Lancaster 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 for the engine brake, or equipped with defective or modified engine brake exhaust mufflers, 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 Elizabethtown Borough and, therefore, is a nuisance in fact.
[Ord. 969, 6/18/2015]
No gasoline-powered or diesel-powered motor vehicle shall be operated on the streets, roads, alleys or highways within the Borough of Elizabethtown listed below, utilizing, in said operation, an engine brake, without engine brake exhaust mufflers, permitting excessive noise to be created by said motor vehicle using the engine brake. The streets subject to this prohibition shall be as follows:
East High Street, between the Borough line and Center Square
Masonic Drive, between West Bainbridge Street and West High Street
Maytown Avenue, between the Borough line and South Market Street
North Market Street, between the Borough line and Center Square
South Market Street, between the Square and College Avenue
West Bainbridge Street, between the Borough line and Masonic Drive
West High Street, between Masonic Drive and Center Square
[Ord. 969, 6/18/2015]
1. 
Emergency Situations. This Part shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Elizabethtown Borough, other motor vehicle operators, pedestrians and the operator and passengers of the motor vehicle involved in said emergency situation.
2. 
Emergency Vehicles. This Part shall not apply to emergency response vehicles when said emergency vehicle is actually responding to an emergency situation. The term "emergency vehicle" shall include, but is not limited to, fire trucks.
[Ord. 969, 6/18/2015]
For each violation of the provisions of this Part, any person who commits, takes part in or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $100 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this Part, and each section of this Part which is violated shall be considered a separate violation. In default of payment of such fine, such person shall be liable to imprisonment for a period not exceeding 30 days.