(a) It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the City of Oxford, Ohio, any dynamic braking device or any mechanical exhaust device designed to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle, or otherwise known as jake-braking.
(b) The term “dynamic brake device” (commonly referred to by brand names such as Jacobs Brake, Jake Brake, or Dynatard brake) means an engine retarder used primarily on large trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
(c) The provisions of subsection (a) above shall not be applicable when regular brakes are inadequate to control the vehicle or when used or operated or caused to be used or operated on an emergency vehicle.
(d) Any person convicted of a violation of this section shall be punished for a first conviction thereof by a fine of not more than one hundred dollars ($100.00) or by imprisonment not for a period exceeding ten days, or by both such fine and imprisonment; for a second such conviction within one year thereafter, such person shall be punished by a fine of not more than two hundred dollars ($200.00) or by imprisonment for not more than twenty days or both such fine and imprisonment; upon the third and subsequent conviction within one year after the first conviction, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six months or both such fine and imprisonment.
(Ord. 2693. Passed 9-5-00.)