339.12 USE OF ENGINE RETARDER.
   (a)   No person while operating a motor vehicle along Calla Road within the Village of New Middletown shall activate an engine retarder on such motor vehicle unless the other braking devices on such motor vehicle shall have failed or other exigent circumstances exist which require the use of such engine retarder.
   (b)   Definitions.
      (1)   Motor vehicle. Motor vehicle shall have the meaning set forth in Section 301.20 of the Codified Ordinances.
      (2)   Engine retarder. Engine retarder shall mean an engine brake of the type originated and/or manufactured by Jacobs Vehicle Systems (commonly a “Jake Brake”), or a similar device, which mounts on a motor vehicle engine, changes the action of the exhaust values, and provides retarding power which is proportional to the engine’s revolutions per minute (RPM) so as to slow the motor vehicle.
         (Ord. 2007-9. Passed 8-13-07.)