[Adopted 12-17-2015 by Ord. No. 2015-08[1]]
[1]
Editor's Note: This ordinance also superseded former Art. X, Engine Brake Retarders, adopted 7-8-2015 by Ord. No. 2015-04.
This article shall be known as the "East Allen Township Engine Brake Retarder Ordinance."
The Township, having undertaken the necessary engineering evaluations (Hanover Engineering Associates, Inc. evaluation dated September 2015) and, as a result of these evaluations, having received the required permissions from PennDOT to prohibit engine brake retarder systems, hereby prohibits gasoline-powered or diesel-powered motor vehicle(s) from operating on the following highways, streets, avenues, alley and boulevards, etc., within the Township utilizing, in said operation, an engine brake retarder without exhaust mufflers or with defective or modified exhaust mufflers permitting excessive noise to be created by said motor vehicle through the use of the engine brake retarder.
It is declared that the enactment of the article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Township.
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 Township, other motor vehicle operators, pedestrians and the operators and passengers of the motor vehicle involved in said emergency situation.
Pursuant to procedures of PennDOT and pursuant to regulations of PennDOT with respect to signs on highways the Township will cause to be erected, upon the roadways herein specified, signs regarding the prohibition of the use of said engine brake retarders on the designated roadways.
Any person, persons, firm, corporation or organization violating any of the provision of this article shall, upon summary conviction before a District Justice having jurisdiction, be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default of the payment thereof, shall be sentenced to undergo imprisonment for a period not to exceed 10 days.
Any law enforcement officer of the Township shall implement enforcement of this chapter.
This article applies to the following roadways:
Airport Road (SR 0987) (SEG 0030, OFF 1845 to SEG 0050, OFF 2170)