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ORDINANCE NO. 2010-11-1 AN ORDINANCE OF THE TOWN OF PIERCETON, INDIANA ESTABLISHING LIMITATIONS ON "ENGINE BRAKING" WHEREAS, the Town of Pierceton, Indiana has the authority to adopt traffic regulations within the Town, and WHEREAS, the practice of engine braking makes excessive noise and disturbs the peace of the welfare of the community, and WHEREAS, the Town Council of the Town of Pierceton, Indiana has determined that engine braking should not be permitted except when absolutely necessary and essentially emergency situations, or if it is effectively muffled so that the noise cannot be heard any louder than normal braking, NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Pierceton, Indiana, as follows: Section 1. Town Code Section added: The following shall be added to the Pierceton Town Code to govern and control Engine Braking: Section: 9-4-5. Engine Braking or Jake Braking. (a) Definition. "Engine Braking" which is also 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 Town 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 unmuffled 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 Town. (e) Penalty. Unless another penalty is hereinafter expressly provided for Engine Braking in the Pierceton Town Code, any person in violation f this section shall be punished for a violation of this section within a fine of $100.00. Section 2. Effective Date: This Ordinance shall be in full force and effect, after its adoption and publication as provided for by law. Section 3. Severability: If any part of the Town Code Section and adopted by Section 1 of this Section that is not declared to be unconstitutional or unenforceable shall remain in full force and effect. This Ordinance was presented at the meeting of the Town Council of the Town of Pierceton, Indiana on the 8th day of November, 2010, and introduced under the Ordinance Number set forth hereinabove. This Ordinance was adopted at the meeting of the Town Council held the 13th day of December, 2010, by a vote of 3 ayes and 0 nays. TOWN COUNCIL TOWN OF PIERCETON, INDIANA Aye Nay Jerry Hartman, Council President Jerry Kreger Armando Espinoza Attest: Janet Castle, Clerk-Treasurer j7
