[Added 5-14-2020 by Ord. No. 1000]
A.
This article is enacted pursuant to the policy established by the
Commonwealth of Pennsylvania, Department of Transportation, regarding
engine brake retarder (also known as "Jake Brake®") prohibitions.
B.
An engineering and traffic study has been performed pursuant to said
policy by the Department of Transportation on Flourtown Road between
Joshua Road and Butler Pike and on Joshua Road between Flourtown Road
and Stenton Avenue to determine whether a prohibition on the use of
engine brake retarders is warranted.
C.
As a result of the studies, the Department of Transportation has
approved the Township's request for prohibition of the use of engine
brake retarders on the following portions of said roads located within
Whitemarsh Township:
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Flourtown Road between Joshua Road and Butler Pike
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Joshua Road between Flourtown Road and Stenton Avenue
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D.
The authority to enact this article prohibiting the use of engine
brake retarders is evidenced by correspondence from the Commonwealth
of Pennsylvania, Department of Transportation, which is attached hereto
and incorporated herein as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
No person, firm, or organization shall operate, or allow to be operated, a vehicle that is powered by an internal combustion engine on the portions of roads set forth in § 111-41C above within Whitemarsh Township while utilizing in said operation an engine brake retarder.
Pursuant to the procedures of the Commonwealth of Pennsylvania,
Department of Transportation, and pursuant to regulations of the Department
with respect to signs on highways, Whitemarsh Township shall cause
to be erected upon the roadways herein specified signs regarding the
prohibition of the use of said engine brake retarders with improperly
maintained, defective, or modified exhaust mufflers on the designated
highways at the locations stated on Exhibit A hereto.
Any person, firm, or organization violating any provisions of
this chapter shall, upon summary conviction, be sentenced to pay a
fine of not more than $300 for each violation along with costs of
prosecution. In default of payment of any imposed fine, the offender
shall be imprisoned for a term not to exceed 90 days.
This article is enforceable by the Whitemarsh Township Police
Department.
If any provision of this article is declared by a court of competent
jurisdiction to be invalid or unconstitutional, such determination
shall have no effect on the remaining provisions of this article or
on the provisions of the Code of Ordinances of Whitemarsh Township.
