(a)   Declaration of Nuisance. The operation of an engine brake on either a gasoline powered or diesel powered motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, so as to create excessive noise through the use of said engine brake adversely, and unnecessarily, affects the public health, safety and welfare and is therefore declared by this Council to be a nuisance.
   (b)   Prohibition.  No person operating a motor vehicle, either gasoline or diesel powered, on the streets, alleys, roadways and highways within the City shall utilize, in said operation of the motor vehicle, an engine brake permitting excessive noise to be created by said motor vehicle, said engine brake, in common parlance, known as a jake brake and/or a Jacob's Engine Brake.
   (c)   Exceptions.  The utilization of an engine brake prohibited in division (b) of this section shall be allowed in cases where the operator of a motor vehicle can clearly demonstrate an emergency driving situation which requires the utilization of the engine brake to protect the safety and property of the operator of the motor vehicle, the owner o the motor vehicle, pedestrians, or other persons or property which may be subject to injury or damage if said engine brake is not applied in such emergency situation.
(Ord. 7-01.  Passed 9-20-01.)