(a) This section shall be known as the “White Oak Borough Engine Brake Ordinance.”
(b) The Borough of White Oak, Allegheny County, Pennsylvania, finds as a fact that the operation of an engine brake on 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 affects the public health, safety and welfare of the residents of the Borough of White Oak, Allegheny County, Pennsylvania and, therefore, is a nuisance in fact.
(c) No gasoline powered or diesel powered motor vehicle shall be operated on the following streets, roads or highways within the limits of the Borough of White Oak, Allegheny County, Pennsylvania, utilizing, in said operation, an engine brake, without exhaust mufflers permitting excessive noise to be created by said motor vehicles:
Lincoln Way SR2031 | Rt. 48, Long Run and Jacks Run SR48 |
Pennsylvania Avenue SR2037 | Foster Road SR2031 |
State Street SR2031 | East 5th Avenue SR148 |
Lincoln Way (State St. to East Fifth Ave.) | O’Neil Boulevard |
Coulter Road |
(d) This section shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of the Borough of White Oak, other motor vehicle operators, pedestrians, individuals or bicycles, etc., and the operator and passengers of the motor vehicle involved in said emergency situation.
(e) Any person, firm, corporation, or organization violating any of the provisions of this section shall, upon summary conviction before a District Magistrate having jurisdiction, be sentenced to pay a fine of not more than three hundred dollars ($300.00) and costs of prosecution, and in default of the payment thereof, shall be sentenced to undergo imprisonment as the law may allow in the Allegheny County Correctional Facility for a period not to exceed ten (10) days.
(Ord. 4079. Passed 2-15-16.)