(a) Definitions. As used in this section, the following terms shall have the meaning indicated:
(1) “Engine braking” means the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual, or explosive noise from such vehicle;
(2) “Engine Retarders” shall be defined to include, but not limited to, C Brakes, PacBrakes, TekBrakes, Jake Brakes, and other types of engine retarders commonly utilized within the trucking industry.
(b) Prohibition. It shall be unlawful for the driver of any commercial car, trailer, semi- trailer, or vehicle to use or operate or cause to be used or operated, at any time on Fishcreek Road or the portion of S.R. 8 adjacent to the Wyoga Lake Subdivision, any mechanical exhaust or decompression device which results in the practice known as “engine braking” or “engine retarding.”
(c) Exceptions. This provision of this chapter shall not apply:
(1) To the application of compression brakes for emergency purposes when necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Sound created by emergency equipment for emergency purposes are also exempt; or
(2) To vehicles operating on limited access or interstate highways.
(d) Violations and Penalties. Any person violating any provision of this section shall be guilty of a minor misdemeanor.
(e) Signage. The City shall display notice of this Ordinance in appropriate areas.
(Ord. 2014-40. Passed 3-14-14.)