337.31 USE OF ENGINE BRAKES ON COMMERCIAL VEHICLES.
   (a)    No driver of a commercial vehicle shall use the vehicle's engine brake (commonly referred to as a "Jake Brake") while traveling on any roadway or street within the City boundaries. Specifically exempted from this prohibition is any commercial vehicle traveling on Interstate 90, in either direction, or any commercial vehicle that due to an emergency situation utilizes the vehicle's engine brake in response to the emergency situation. Also, specifically excepted from the provisions of this section are any emergency response vehicles.
   (b)    Whoever violates any portion of this section is guilty of a minor 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. 108-11. Passed 12-12-11.)