(A) Purpose. The purpose of this section is to prohibit the excessive, loud, and unusual or explosive use of engine and compressed air-braking devices within designated areas in the city.
(B) Definitions. For the purpose of this section, the following words and phrases are defined as follows: “Engine retarding brake” means a “dynamic brake,” “Jacobs brake,” “C-brake,” “Paccar brake,” transmission brake or any other engine retarding brake system that alters the normal compression of the engine and subsequently releases that compression.
(C) Prohibitions. It shall be unlawful for the driver of any vehicle to use, or operate, or cause to be used or operated within designated areas in the incorporated areas of the city, any engine brake, compression brake, or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual or explosive noise from such vehicle, unless such use is necessary to avoid imminent danger. Such prohibition shall be applicable only to those public roads, streets or highways or portions specifically identified in this section.
(D) Areas of prohibition. The prohibition set forth herein shall apply to roads, streets, or highways traveling through or within 200 yards of a residential zone, as those zones are designated by the Franklin-Simpson Planning and Zoning Commission and/or the city Board of Commissioners.
(E) Signage. Signs stating “VEHICLE NOISE LAWS ENFORCED” or “ENGINE 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 “VEHICLE NOISE LAWS ENFORCED” or “ENGINE BRAKE ORDINANCE ENFORCED” shall be installed on a state highway without approval from the Commonwealth of Kentucky Department of Transportation. The provisions of this section shall be in full force and effect even if no signs are installed.
(F) Exceptions. Emergency vehicles shall be exempt from the application of this section.
(G) Enforcement. Violations of this section shall constitute a violation, and the penalty shall be a fine of not less than $20, nor more than $100 for each violation of this section.
(Ord. 2017-017, passed 10-9-2017)