(A) The village’s Board of Trustees may designate portions of roadways located within the village in which the use of engine braking systems by commercial vehicles is prohibited. This authority shall extend to all streets located within the village, including, but not limited to, those roadways under federal, state or county jurisdiction.
(B) This authority may be applied in the following cases:
(1) On designated portions of roadways located within residential zoning districts;
(2) On designated portions of roadways in which at least one-third of the land uses abutting the roadway are residential;
(3) On roadways located within 1,000 feet of a hospital, school courthouse or similar facility; and
(4) On other roadways in which the Board of Trustees reasonably determines that the use of engine braking systems unreasonably interferes with the lawful use and enjoyment of nearby property or otherwise is unreasonably detrimental to public health or safety. In order to provide an appropriate buffer to the foregoing areas and uses, the Board of Trustees may also prohibit the use of engine braking systems by commercial vehicles within 500 feet of that portion of a roadway approaching an area described above in divisions (B)(1), (B)(2) or (B)(3) above.
(C) The Board of Trustee shall cause signs to be posted conforming to IDOT specifications duly informing the operators of commercial vehicles of the prohibition of the use of engine braking systems. The signs shall state: “EXCESSIVE ENGINE BRAKING NOISE PROHIBITED”.
(D) The term COMMERCIAL VEHICLE shall have the definition set forth in 625 ILCS 5/1-111.8, as amended.
(E) This section does not apply to the use of an engine braking system that has an adequate sound muffling system in proper working order that prevents excessive noise.
(F) It is a defense to this section that the operator of a commercial vehicle used an engine braking system that emits excessive noise in an emergency to avoid a collision with a person or another vehicle on the roadway.
(Ord. 2016/05/17-2, passed 5-17-2016) Penalty, see § 71.99