§ 8.32.050. Use of engine brakes.

A.

Purpose. The purpose of this section is to make it unlawful for vehicles equipped with compression release type braking systems, sometimes known as "jake brakes," to use such braking systems or devices upon any public streets, roads, or highways with the limits of the city and its extraterritorial jurisdiction except in an emergency situation for the peace, health and comfort of the citizens of the city and the public.

B.

Definitions. For the purpose of this section:

"Compression release type braking system" means any device equipped on certain commercial vehicles, including but not limited to tractors, semi-trucks, motor carriers and buses, that utilizes engine compression release or engine retarders as a means of slowing or braking the speed of the vehicle in lieu of applying the clutch or brakes.

"Emergency situation" means one in which there is imminent danger of collision with property, persons or animals.

C.

Prohibited Acts. Every driver of any vehicle who shall cause their vehicle to brake or slow by any method which increases the noise emission levels of the engine, such as but not limited to engine compression release or engine retarder, in lieu of applying the clutch or brakes, upon any public streets, roads, or highways within the limits of the city and its extraterritorial jurisdiction, upon conviction, shall be guilty of a misdemeanor; provided that such prohibition shall not apply if an emergency situation exists and the use of engine compression brakes is necessary for the protection of persons or property.

D.

Penalty. Any person, or persons violating or failing to comply with any provision of this section shall be fined, upon conviction, not more than $500.00 for each offense.

(Ord. No. 2014-15 , § 2, 8-26-2014)