331.36 SQUEALING TIRES, "PEELING," CRACKING EXHAUST NOISES; ENGINE BRAKING.
   (a)   No person shall unnecessarily race the motor of any vehicle and no person shall operate any motor vehicle in such a manner that the vehicle is so rapidly accelerated or decelerated, or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the roadway, commonly called "squealing tires" or "peeling".
 
   (b)   No person may slow a motor vehicle by a device, method, or practice known as engine braking, commonly sometimes referred to as "jake braking" on any public highway, street, parking lot, or alley within the Village.
   (c)   No person may slow a motor vehicle whereby rapid downshifting of the vehicle's engine is used in lieu of applying a vehicle's wheel brakes, causing a loud noise to emit from the vehicle's engine and exhaust system on any public highway, street, parking lot, or alley within the Village.
   (d)    This section does not apply to emergency or public safety vehicles.
   (e)    It is an affirmative defense to a charge under this section that the driver was in an emergency situation and the use of such braking device or method was necessary to avoid a collision or keep the vehicle under control.
   (f)   It is further directed that the Street Department shall cause NO JAKE BRAKES ALLOWED signs to be erected at all entrances to the Village.
 
   (g)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 2018-107. Passed 11-26-18.)