(A) It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the corporate town limits of the town, any engine brake, compression brake or mechanical exhaust device designed in the aid of braking or decelerating of any vehicle that results in excessive, loud, unusual or explosive noise from such vehicle on any public ways, including, but not limited to, streets, alleys, easements and rights-of-way, established for vehicle operation, except when necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes which is effectively muffled or if the application is necessary for the health, safety, and welfare of the town is exempt from the provisions of this section. Noise created by emergency equipment for emergency purposes is also exempt.
(B) Any person violating this section shall be fined not more than $100 or imprisoned not more than ten days, or both; upon a second conviction within one year thereafter, shall be fined not more than $200 or imprisoned not more than 20 days, or both; and upon a third or subsequent conviction, shall be fined not more than $500 or imprisoned not more than 30 days, or both.
(Res. passed 6-3-2019)