(a) No driver of a motor vehicle that is equipped with an engine or exhaust brake, or other device that uses engine compression to help slow the vehicle, shall use such engine or exhaust brake or other device anywhere within the corporate limits. It is an affirmative defense to a charge under this section that the driver was in an emergency situation and the use of such brake or device was necessary to avoid a collision or to keep the vehicle under control.
(Ord. 01-03. Passed 2-5-03.)
(b) Except as otherwise provided herein, whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; whoever violates any provision of this section, and has pleaded guilty to or been convicted within the past twelve months of a violation of any Ohio law or municipal ordinance regulating the operation of motor vehicles on streets or highways, is guilty of a misdemeanor of the fourth degree; whoever violates any provision of this section, and has pleaded guilty to or been convicted within the past twelve months of more than one violation of any Ohio law or municipal ordinance regulating the operation of motor vehicles on streets or highways, is guilty of a misdemeanor of the third degree.