A. Use Near Any City:
1. Definition: "Compression brake" shall mean any braking system of a motor vehicle that modifies engine valve operation to use engine compression to slow the motor vehicle and shall include brakes commonly referred to as "jake brakes" or "engine brakes".
2. Prohibited Act: No operator of any motor vehicle shall use or activate a compression brake within one mile of any city.
3. Violation; Penalty:
a. Any person violating the provision of this subsection A for the first time shall be guilty of an infraction and shall be punished by imposition of a fine in the amount of thirty five dollars ($35.00).
b. Any person violating the provisions of this subsection A who has previously been found guilty or pled guilty to a violation of this subsection A shall be guilty of an infraction and shall be punished by imposition of a fine in the amount of seventy five dollars ($75.00). (Ord. 2005-10, 5-25-2005)
c. Any person violating the provisions of this subsection A who has previously been found guilty or pled guilty of at least two (2) prior violations of this subsection A shall be guilty of a misdemeanor and may be subject to penalty as provided in section 1-4-1 of this Code.
d. The fine amounts set forth above for infraction offenses shall be separate and apart from any court costs assessed pursuant to Idaho Code section 31-3201A or any other provision of law. The fine amount set forth for a misdemeanor offense shall be separate and apart from any court costs assessed pursuant to Idaho Code section 31-3201A or any other provision of Idaho law. (Ord. 2005-10, 5-25-2005; amd. 2018 Code)
B. Use Near Aberdeen:
1. Declaration Of Purpose: The Bingham County Board of County Commissioners hereby find and declare that the use of engine brakes creates a loud, and excessive noise which affects the quality of life of those individuals living nearby. Further, the City of Aberdeen has passed an engine brake ordinance restricting the use of engine brakes within the City limits due to the large number of trucks operating in the Aberdeen area and the noise created by engine brakes. However, the City of Aberdeen lacks jurisdiction to pass such ordinance in the populated areas just outside City limits. The Commissioners, therefore, adopt this subsection B in order to protect the quality of life for the individuals living just outside the City limits of Aberdeen.
2. Definition: For the purpose of this subsection B, the term "engine brake" is defined as a hydraulically operated device that operates a power producing diesel engine into a power absorbing retarding mechanism that produces a noise that is loud and excessive.
3. Use Of Engine Brakes: All vehicles, excepting only fire trucks and other emergency equipment, shall not engage engine brakes within a one mile radius of Aberdeen City limits as posted by Bingham County. (Ord. 2010-09, 10-26-2010, eff. 10-26-2010)
4. Penalty: Any person who is found guilty, or who pleads guilty, to a violation of this subsection B shall be guilty of a misdemeanor punishable as provided in section 1-4-1 of this Code. (Ord. 2010-09, 10-26-2010, eff. 10-26-2010; amd. 2018 Code)
C. Use In Designated County Areas:
1. Certain Areas Designated; Signs:
a. It shall be unlawful for any person or entity to operate any motor vehicle with a dynamic braking device engaged within designated areas of the County. Said designated areas will have two (2) road signs designating the beginning and ending of the dynamic braking device prohibition area. Said road signs shall read as follows:
ENGINE BRAKES PROHIBITED |
NEXT
MILES |
Bingham County Ordinance 2017-03 |
And
END OF ENGINE BRAKE PROHIBITION AREA |
Bingham County Ordinance 2017-03 |
b. Said areas of dynamic braking device prohibition shall be designated by the Bingham County Commissioners. To establish an engine brake prohibition area, any person must make an application to the Bingham County Commissioners setting forth a proposed engine brake prohibition area. A public meeting shall be set. At the meeting, any interested party may present evidence or testimony concerning the proposed engine brake prohibition area.
c. The Bingham County Commissioners will then decide whether or not to establish the engine brake prohibition area. The Bingham County Road and Bridge Supervisor will order the State approved signs.
2. Definition: "Dynamic braking device" is defined as a device used primarily on trucks for the conversion of the engine from an internal combustion to air compressor for the purpose of braking. Dynamic braking device is also commonly referred to as a "jacobs brake", "jake brake", "engine brake", or "compression brake".
3. Penalty:
a. Any person or entity violating the provisions of this subsection C for the first time shall be guilty of an infraction and shall be punished by imposition of a fine in the amount of seventy five dollars ($75.00).
b. Any person or entity which violates this subsection C who has previously been found guilty or pled guilty of violating this subsection C within five (5) years shall be guilty of a misdemeanor, and shall be punished by confinement in the County Jail for a period not to exceed six (6) months, or by a fine not to exceed three hundred dollars ($300.00), and/or both such fine and imprisonment. (Ord. 2017-03, 3-23-2017)