440.13  ENGINE COMPRESSION BRAKES PROHIBITED.
   (a)   Except as provided in this section, no person shall use motor vehicle engine compression brakes within this Municipality.  It shall be an affirmative defense that said engine compression brakes were applied in an emergency to protect persons and/or property.
   (b)   This section shall not apply to vehicles of any Municipal fire department whether or not responding to an emergency.
   (c)   As used in this section, the term "compression brakes" means the use of the engine and transmission to retard the forward motion of a motor vehicle by compression of the engine.  "Compression brakes" are also referred to as "jake brakes".
   (d)   The Municipal Engineer shall post, at reasonable locations within the boundaries of the Municipality, signs indicating "engine compression brakes prohibited" or substantially similar wording.  Additional signs may be posted where appropriate as determined in accordance with Chapter 406 of the Codified Ordinances.
   (e)   Violation of this section shall constitute a traffic infraction and shall be punishable by a maximum penalty of two hundred fifty dollars ($250.00) per violation.
(Ord. 34-2001.  Passed 5-29-01.)