1. Short title. This section shall be known as the Blossburg Borough Engine Suppression/Brake Retarder/Engine Brake Ordinance.
2. Legislative intent. The Borough Council of the Borough of Blossburg, Tioga County, Pennsylvania, finds as a fact that the operation of an engine brake or an engine suppression device or a compression brake on a gasoline powered or diesel powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, so as to create excessive noise through the use of said engine brake or engine suppression device or compression brake, adversely affects the public health, safety and welfare of the residents of the Borough of Blossburg and therefore, is a nuisance in fact.
3. Engine brakes prohibited. No gasoline powered or diesel powered motor vehicles shall be operated on the streets, roads, alleys or highways listed below within the Borough of Blossburg, Tioga County, Pennsylvania, utilizing, in said operation, an engine brake, engine suppression device or compression brake, without exhaust mufflers, or with defective or modified exhaust mufflers permitting excessive noise to be created by said motor vehicle.
4. Streets. The streets subject to this prohibition shall be as follows:
A. SR 2005 Bloss Mountain Road
B. SR 2005 North Williamson Road
C. SR 2017 Main Street
D. SR 2017 Gulick Street
E. SR 2016 South Williamson Road
All streets will be marked with signage as shown on attached maps and incorporated by reference.
5. Emergency situations. This section shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Blossburg Borough, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation.
6. Penalty. Any person, firm, corporation or organization violating any of the provisions of this section shall, upon summary conviction before a District Magistrate having jurisdiction, be sentenced to pay a find of not less than $50 or more than $300 and costs of prosecution, and in default of the payment thereof, shall be sentenced to undergo imprisonment in any County Jail for a period not to exceed 10 days.
(Ord. 438, 7/9/2014)