(a) Definitions. As used in this chapter, the following terms shall have the meanings indicated: Engine Braking - The use or operation of any mechanical exhaust device designed to aid in braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual or explosive noise from such vehicle.
(b) Engine-braking Prohibited. It shall be unlawful for the driver of any motor vehicle to use or operate, or cause to be used or operated, at any time and on any street or highway within the Town of Marmet, West Virginia, any mechanical exhaust or decompression device which results in the practice known as “engine-braking”.
(c) Exempt Noise. The provisions of this section shall not apply to the application of unmuffled compression brakes where 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, otherwise known as “engine-braking,” which is effectively muffled, or if the application is necessary for the health, safety and welfare of the community, is exempt from the provisions of this Article. Sounds created by emergency equipment for emergency purposes are also exempt.
(d) Posting of Signs. The Mayor is hereby authorized to post at reasonable locations within the Town of Marmet, West Virginia, signs indicating the prohibition of engine-braking.
(e) Whoever violates any of the provisions of this section shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty (30) days, or both. Each violation of the provisions of this section shall constitute a separate offense.
(Ord. 2017-03. Passed 4-17-17.)