Ordinance 520 – Jake Brake

This is a retyped copy of the original Ordinance to be used for reference purposes only.

To view or obtain a copy of the original document, please contact the Martinsburg Police Department.

AN ORDINANCE OF THE BOROUGH OF MARTINSBURG OUTLAWING THE USE OF ENGINE BRAKES ON VEHICLES WITHIN THE BOROUGH LIMITS

BE IT ORDAINED AND ENACTED by the BOROUGH OF MARTINSBURG, Blair County, Pennsylvania, and it is hereby enacted by the authority of the same that the BOROUGH OF MARTINSBURG hereby authorizes the following:

Section 1. Operation of Engine Brakes Declared a Nuisance. The Borough Council of Martinsburg, Blair 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 Martinsburg, and therefore, is a nuisance in fact.

Section 2. Prohibition No gasoline powered or diesel powered motor vehicle shall be operated on the streets, roads, alleys or highways within the Borough of Martinsburg, Blair County, Pennsylvania, utilizing, in said operation, an engine brake, permitting excessive noise to be created by said motor vehicle.

Section 3. Use Permitted in Emergency Situations. This Ordinance shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Martinsburg Borough, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation.

Section 4. Penalties. Any driver and/or the firm or corporation for whom the driver is employed who shall violate any provision of this Ordinance, shall, upon conviction thereof, be sentenced to pay a fine of not more than THREE HUNDRED ($300.00) DOLLARS and in default of payment of said fine, to imprisonment for a term not to exceed NINETY (90) days. Every day that a violation of this Ordinance continues, shall constitute a separate offense.

Section 5. Severability. If any sentence, clause, section or part of this Ordinance is for any reason be found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of the Ordinance. It is hereby declared as the intent of the Borough of Martinsburg that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.

Section 6. Effective Date. This Ordinance shall become effective on the 1st day of March, 1999.

ORDAINED AND ENACTED this 1st day of March, 1999.