(A) No person shall operate or cause to be used or operated within the City an engine braking system that emits excessive noise on any commercial vehicle within the corporate limits of the City of East Moline where visible signs are posted (see division (B) of this section) for the purpose of this ordinance, an engine braking system shall be deemed to be any device which uses the force of the engine in any commercial vehicle to slow or alter the speed of the vehicle by the application of force to the drive train thereof, including but not limited to engine brakes, exhaust brakes or other similar systems. A commercial vehicle shall be deemed to be emitting excessive noise if the vehicle is operating an engine braking system, and if the vehicle in not equipped with an adequate sound muffling system on the exhaust thereof. It is a defense to this paragraph that the driver used an engine braking system that emits excessive noise in an emergency to avoid a collision with a person or another vehicle on the roadway.
(B) Excessive engine braking noise signs, in accordance with Section 12-602.1 of the Illinois Vehicle Code, and the City Director of Maintenance Services shall cause signs to be erected and maintained that prohibit the driver of a commercial vehicle, as defined in Section 1-111.8 of the Illinois Vehicle Code (625 ILCS 5/1-111.8), from operating or actuating any engine braking system that emits excessive noise. The sign shall state, “EXCESSIVE ENGINE BRAKING NOISE PROHIBITED”. (Ord. 21-03, 4-19-2021)