(a) No person while operating a motor vehicle shall employ an engine retarder to decelerate the motor vehicle.
(b) For purposes of this section, "engine retarder" means any device that consists of a valve positioned within the internal combustion engine that temporarily reduces or stops the engine's exhaust gases from exiting through the exhaust system.
(c) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section shall be guilty of a misdemeanor of the fourth degree. If within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section shall be guilty of a misdemeanor of the third degree. (Ord. 02-14. Passed 2-10-14.)