(A) Operation of engine brakes declared a nuisance. The city finds that the operation of an engine, compression brake or a mechanical exhaust device on a gasoline powered or diesel powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, so as to create excessive noise through the use of said engine, brake or exhaust device, adversely affects the public health, safety and welfare of the residents of the city, and is a nuisance in fact.
(B) Prohibition. No gasoline powered or diesel powered motor vehicle shall be operated on the streets, roads, alleys or highways within the city utilizing, in said operation, an engine, compression brake or a mechanical exhaust device designed to aid in the braking or deceleration of any motor vehicle by altering the normal compression of the engine and subsequently releasing that compression that causes, in the process, excessive noise to be created by said motor vehicle.
(C) Use permitted in emergency situations. This section shall not apply to emergency driving situations requiring the utilization of an engine, brake or mechanical exhaust device as set forth above to protect the safety and property of the residents of the city, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation.
(Ord. 2019-010, passed 8-15-2019) Penalty, see § 70.999