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§ 14-209 COMPRESSION BRAKES.
   (a)   It shall be unlawful for any person to utilize, or cause to be engaged, within the city limits, exhaust retard brakes, the same being commonly known as “compression brakes” or “retard brakes”.
   (b)   A person found guilty of violating this section shall be fined the sum of $50 for the first offense, $100 for the second offense and $250 for a third or subsequent offense.
   (c)   For the purpose of determining whether a conviction is a first, second, third or subsequent conviction herein:
      (1)   CONVICTION includes being convicted of a violation of this section or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;
      (2)   Only convictions occurring in the immediately preceding five years, including prior to the effective date of this act, shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offender, whichever is applicable; and
      (3)   It is irrelevant whether an offense occurred before or after conviction for a previous offense.
(Ord. 887, passed 4-2-2001)