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ORDINANCE NO. 2009-02-06 AN ORDINANCE AMENDING THE WARSAW CITY CODE IT IS HEREBY ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA that the following section be added to the Warsaw City Code: Chapter 74 TRAFFIC AND VEHICLES Article III Operations of Vehicles Generally Sec. 74-136 Engine braking or jake braking (A) Definition. "Engine braking" commonly known as "jake braking" shall mean the use of or operation of any mechanical exhaust device designed to aid in braking, decompression or deceleration of any motor vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle. (B) Prohibited acts. It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated at any time and on any street or road within the city any mechanical exhaust or decompression device which results in the practice known as ":engine braking" or "jake braking". (C) Exemptions. The provisions of this section shall not apply to the application of unmuffied compression brakes where necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes otherwise known as "engine braking" or "jake braking" which is effectively muffled or if the application is necessary for the health, safety and welfare of the community is exempt from the provisions of this section. Sounds created by emergency equipment for emergency purposes are also exempt. (D) Posting of Signs. It is hereby directed that signs prohibiting engine braking or jake braking be posted at reasonable locations around the city. (E) Penalty. Unless another penalty is expressly provided in the Warsaw City Code, any person in violation of this section shall be punished for a violation of this section with a fine of $100.00. This ordinance shall be in full force and effect upon proper notice. Ordained this 24th day of February, 2009. AYE NAY Jeff Grose Charles D. Smith Dr. Joe Thallemer Jerry Patterson - Absent Daniel H. Hampton Kyle Babcock George Clemens - Absent Presented to and approved by me this 24th day of February, 2009. Mayor Ernest B. Wiggins, Presiding Officer Common Council, City of Warsaw ATTEST: Elaine Call, Clerk-Treasurer m4
