(A) Prohibition. A Jake brake, or any similar devices on any engine, shall not be energized or otherwise used inside the town limits.
(B) Definition, prohibition. A JAKE BRAKE is defined as a hydraulically operated device that operates a power producing diesel engine into a power absorbing retarding mechanism that produces a noise that is loud and excess. Accordingly, the use of all Jake brake or similar devices within the town limits, is hereby prohibited from and after the effective date of this section. This section shall not apply to fire protection equipment or other emergency vehicles.
(C) Penalties for violation. Any person found to be in violation of any of the terms and provisions of this section shall be guilty of a misdemeanor and subject to a fine not to exceed $219.
(D) Validity. If any term or provision of this section shall be held to be unconstitutional or otherwise unenforceable, the remainder thereof shall not be affected thereby and shall remain in full force and effect.
(E) Conflict.
(1) All ordinances heretofore adopted on the subject which are in conflict herewith are hereby repealed and the application of this section as will not be contrary to the public interest. No variance from the strict application of any provision shall be granted.
(2) The town and the Town Board of Trustees hereby deems that an emergency exists, and that an emergency measure is necessary for the immediate preservation of peace, health or safety, and that this section shall go into effect immediately upon its passage, approval and adoption.
(Ord. 100107A, passed 10-1-2007)