(A) Scope. This chapter applies to all streets and highways within the incorporated municipal boundaries (i.e., "city limits").
(B) Definitions.
(1) General. Words and phrases used in the chapter shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in the Code of Ordinances, shall be given the meanings set forth in the code. Words and phrases not defined in the Code of Ordinance shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the contest, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa);. The word "shall" is always mandatory, while the word "may" is merely directory. Headings and captions are for reference purposes only.
(2) Specific. Town of Sparta, a municipality located in Alleghany County, North Carolina.
(3) ENGINE BRAKING. Any method of slowing diesel trucks in a manner that produces a loud noise, particularly by venting the cylinder of the diesel, engine midway through its cycle causing the engine, instead of producing power, to absorb power, thereby slowing the truck down dramatically. It shall also include the production of excessive noise produced by engine retarders due to a truck operating with improperly maintained, defective, or modified muffler systems or the use of straight exhaust pipes with no mufflers.
(4) PERSON. Any human individual, corporation, company, sole proprietorship, partnership, association, organization, or agency.
(C) Prohibition.
(1) It shall be unlawful for any person to engine brake with the city limits.
(2) No person shall engine brake within the city limits.
(D) Enforcement.
(1) Civil and criminal penalties. The town shall have the power to administer and enforce the provisions of this section as may be required by governing law. Any person violating any provision of this section is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this section is hereby declared to be a nuisance.
(2) Criminal prosecution. Any person violating any provision of this section shall, upon conviction, be fined a sum not exceeding $500. Each day that a provision of this section is violated shall constitute a separate offense. An offense under this section is a misdemeanor.
(3) Civil remedies. Nothing in this section shall be construed as a waiver of the town's right to bring a civil action to enforce the provisions of this section and to seek remedies as allowed by law, including, but not limited to the following:
(a) Injunctive relief to prevent specific conduct that violates this section or to require specific conduct that is necessary for compliance with this section; and
(b) A civil penalty up to $100 a day when it is shown that the defendant was actually notified of the provisions of this section and after receiving notice committed acts in violation of this section or failed to take action necessary for compliance with this section; and other available relief.
(Ord. passed 2-5-2013)