Chapter 10.40
COMPRESSION BRAKES
Sections:
10.40.020 Use declared nuisance.
10.40.030 Prohibited – Exception.
10.40.040 Violation – Penalty.
10.40.010 Definitions.
As used in this chapter:
A. “Brake” means any device used for slowing, halting, or stopping the movement of any motor vehicle.
B. “Motor vehicle” means and includes every self-propelled device capable of being moved upon the public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks, and including automobiles, tractors, trucks, trailers and transportation equipment of all kinds and sizes or any combination or combinations of the same. (Ord. 1495 § 1, 1985).
10.40.020 Use declared nuisance.
The city council finds that the use within the city limits of motor vehicle brakes which are activated or worked by the compression of the engine or of a motor vehicle disturbs and disrupts the public peace and quiet and disturbs the residents of the city and their rest and in the enjoyment of their property and by reason thereof, the city council finds that the use of such brakes within the city limits is a public nuisance. (Ord. 1495 § 2, 1985).
10.40.030 Prohibited – Exception.
The use within the city limits of any motor vehicle brakes which are in any way activated or operated by compression of the engine of any such motor vehicle or any unit or part thereof is prohibited, unless the noise created thereby is effectively muffled. (Ord. 1495 § 3, 1985).
10.40.040 Violation – Penalty.
Any person who violates any of the provisions of this chapter or who allows or permits any motor vehicle owned and/or operated by said person to be operated in violation of any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine and/or jail term as set forth in EMC 9.00.030. (Ord. 1495 § 4, 1985).