It is unlawful for any person to make, continue or cause to be made any noise disturbance on those certain roads in the county, as designated by the Board of County Commissioners by resolution, by the sounding of any device or piece of equipment known as an engine retarder. Exempted from the provisions of this subchapter is noise resulting from the use of a retarder in a bona fide emergency situation. Prior to the Board of County Commissioners designating, by resolution, a certain road to be subject to the requirements of this subchapter, it shall hold a public hearing on the question. The public hearing shall be held upon the petition of at least 4 homeowners adjacent to the particular roadway, or may be held upon the majority vote of the Board of County Commissioners. In deciding whether to designate a road to be subject to the provisions of this subchapter, the Board shall consider the impact upon public safety in prohibiting the use of engine retarders, and shall consider the nuisance impact of the use of engine retarders, in the particular area of the roadway under consideration.
(Ord. 2005-03, passed 6-17-2005) Penalty, see § 70.99