(A) Engine-exhaust braking prohibited. No person may use an engine-exhaust braking system while operating a motor vehicle within the corporate limits of the town. For the purpose of this schedule, the term ENGINE-EXHAUST BRAKING SYSTEM means an engine-exhaust braking system device which converts diesel-engine power into an air compressor and when engaged operates to slow the vehicle, and is sometimes described or referred to as “Jake brakes”.
(B) This schedule shall be cumulative of all provisions of ordinances of the Town of Lakeside, Texas, except where the provisions of this schedule are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
(C) It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections of this schedule are severable, and if any phrase, clause, sentence, paragraph or section of this schedule shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this schedule, since the same would have been enacted by the Town Council without the incorporation in this schedule of any such unconstitutional phrase, clause, sentence, paragraph or section.
(D) It shall be unlawful and an offense for any person to violate or fail to comply with any provisions hereof, irrespective of whether or not the verbiage of each section hereof contains the specific language that such violation or failure to comply is unlawful and is an offense. Any person who shall violate any of the provisions of this schedule or any of the provisions of a permit issued pursuant hereto, or who shall fail to comply with the terms hereof, shall be guilty of a misdemeanor and shall, on conviction thereof, be fined in the sum not to exceed $500, or such lesser amount that may be required by state law, and the violation of each separate provision hereof shall be considered a separate offense.
(Ord. 325, passed 7-14-2011)