(a) No person shall unnecessarily race the motor of any vehicle and no person shall operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or decelerated, or in the shifting of gears, from a moving or stopped position, that the exhaust system emits a loud cracking or chattering noise unusual to its normal operation, resulting in engine braking (E.G. "unmuffled engine braking" or "crackling exhaust") or whereby the tires of such vehicle squeal or leave tire marks on the roadway, commonly called "squealing tires" or "peeling".
(b) Engine braking or "unmuffled engine braking" means any device equipped on certain commercial vehicles including, not limited to, tractors, semitrucks, and motor carriers and buses that utilize engine compression release or engine retarders as a means of slowing or braking the speed of the vehicle in lieu of applying the clutch or brakes in order to decelerate the
motor vehicle.
(c) This section shall not apply to fire protection equipment, EMS vehicles; police vehicles or other emergency vehicles or if used by an operator of a vehicle in an emergency situation to a vert imminent danger.
(d) Whoever violates this section is guilty of minor misdemeanor on the first offense; on the second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth (4th) degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third (3rd) degree.
(Ord. 11-70-18. Passed 11-6-18.)