(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.
(b) The penalty for violating the prohibition of using such a brake or device will follow the existing penalty section for traffic offenses that do not specify a misdemeanor classification; a minor misdemeanor on a first offense, a fourth degree misdemeanor on a second offense within twelve months, and a third degree misdemeanor on third and subsequent offenses within twelve months.
(Ord. 01-03. Passed 1-21-03.)
(Ord. 01-03. Passed 1-21-03.)