(a) No person shall use an engine as a brake when operating a motor vehicle upon a street or highway by use of engine retarder within the Municipality in such a manner as to cause excessive or unusual noise.
(Ord. 2283. Passed 8-4-97.)
(b) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.