(A) Definition. For the purposes of this section, the term ENGINE BRAKE is hereby defined as a specific braking mechanism which utilizes the release of compressed air as part of an engine retarder or engine brake on any motor vehicle as a means of slowing or stopping said vehicle.
(B) Prohibition of engine brakes. It shall be unlawful for anyone to operate a motor vehicle and use engine retarders or engine brakes as a means of slowing or stopping said vehicle within the city limits.
(C) Affirmative defense. The use of an engine retarder or brake in an emergency situation to avoid an imminent accident which would otherwise result in damage or injury to person(s) or property, or the fact that the motor vehicle is equipped with a proper muffler system which eliminates noise emitted or caused by the use of an engine retarder or brake system shall constitute affirmative defenses to the application of the provisions of this section.
(1976 Code, § 5-334) (Ord. 1307, passed 9-16-2002) Penalty, see § 70.99