440.12   USE OF ENGINE BRAKES PROHIBITED.
   (a)   It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the City, any dynamic braking device or any mechanical exhaust device designed to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle, or otherwise known as Jake- braking.
   (b)   The term “dynamic brake device” (commonly referred to by brand names such as Jacobs Brake, Jake Brake, or Dynatard brake) means an engine retarder used primarily on large trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
   (c)   The provisions of division (a) of this section shall not be applicable when regular brakes are inadequate to control the vehicle or when used or operated or caused to be used or operated on an emergency vehicle.
   (d)   Whoever violates this section is guilty of a misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 13-08.  Passed 10-20-08.)