The purpose of this section is to prohibit the excessive, loud, unusual or explosive use of engine and compressed air-braking devices within the town limits.
(A) Definitions. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ENGINE RETARDING BRAKE. Any engine retarding brake system, transmission brake, or any other retarding brake system that alters normal compression, including but not limited to DYNAMIC BRAKE, JAKE BRAKE, JACOBS BRAKE, C-BRAKE, PACCAR BRAKE, or any other make or model of engine braking system, or other braking system that alters the normal compression of the engine and subsequently releases that compression.
(B) Prohibitions. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the town, any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle unless such use is necessary to avoid imminent danger.
(C) Areas of prohibition. The prohibition set forth herein shall apply to all public streets and highways in the town.
(D) Signage. Signs stating "ENGINE RETARDING BRAKE ORDINANCE ENFORCED" may be installed at locations deemed appropriate by the Board of Commissioners to advise motorists of the prohibitions contained in this section. Except that, no sign stating "ENGINE RETARDING BRAKE ORDINANCE ENFORCED" shall be installed on a state highway without the approval from the North Carolina Department of Transportation. The provisions of this section shall be in full force and effect upon passage by the Town Board.
(E) Penalties. Any person, firm or corporation violating the provisions of this section, shall upon G.S. § 14-4. A violation of this section is a Class 3 misdemeanor and shall be punishable by a $50 fine.
(F) Exceptions. Emergency vehicles shall be exempt from the application of this section.
(Ord. 2016-11-0453, passed 11-14-2016; Ord. 2017-02-0456, passed 2-13-2017)