ORDINANCE NUMBER 43
AN ORDINANCE OF PINE TOWNSHIP, INDIANA COUNTY, PENNSYLVANIA PROHIBITION OF ENGINE BRAKE RETARDERS AN ORDINANCE OF PINE TOWNSHIP, INDIANA COUNTY, PENNSYLVANIA PROVIDING FOR THE PROHIBITION OF ENGINE BRAKE RETARDERS IN THE TOWNSHIP OF PINE, INDIANA COUNTY, PENNSYLVANIA FROM SEGMENT 410 OFFSET 0000 (THE SR 403 AND SR 553 SPLIT) TO SEGMENT 410 OFFSET 1425 (1/4 MILE TO THE NORTH); AND FOR THE ASSESSMENT OF PENALTIES FOR THE VIOLATION THEREOF.
Section 1. Title
This ordinance shall be known as the Pine Township, Indiana County, Pennsylvania Engine Brake Retarder Ordinance.
Section 2. Findings
The Board of Supervisors for Pine Township, Indiana County, Pennsylvania finds as a fact that the operation of an engine brake retarder 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 retarder, adversely affects the public health, safety and welfare of the residents of Pine Township, Indiana County, Pennsylvania. Further, the Board of Supervisors for Pine Township, Indiana County, Pennsylvania, accept the findings of a Pennsylvania Department of Transportation Engineering and Traffic Study for engine brake retarder prohibition, listing the purposes for such prohibition from Segment 410 Offset 0000 (the SR 403 and SR 553 split) to Segment 410 Offset 1425 (1/4 mile to the north), as crash history and roadway data.
Section 3. Prohibited Acts
No gasoline-powered or diesel-powered motor vehicle shall be operated on Segment 410 Offset 0000 (the SR 403 and SR 553 split) to Segment 410 Offset 1425 (1/4 mile to the north), located in Pine Township, Indiana County, Pennsylvania, utilizing in said operation, an engine brake retarder without exhaust mufflers or with defective or modified exhaust mufflers permitting excessive noise to be created y said motor vehicle through the use of the engine brake retarder.
Section 4. Exemptions
This ordinance shall not apply to emergency driving situations requiring the utilization of an engine brake retarder to protect the safety and property of the residents of Pine Township, Indiana County, Pennsylvania, other motor vehicle operators, pedestrians and the operator and passengers of the motor vehicle involved in said emergency situation.
Section 5. Posting of Signs
Signs shall be posted at the appropriate places advising motor vehicle operators of the prohibition of the use of engine brake retarders on Segment 410 Offset 0000 (the SR 403 and SR 553 split) to Segment 410 Offset 1425 (1/4 mile to the north), located in Pine Township, Indiana County, Pennsylvania.
Section 6. Enforcement
Any law enforcement officer who's jurisdiction covers Segment 410 Offset 0000 (the SR 403 and SR 553 split) to Segment 410 Offset 1425 (1/4 mile to the north), located in Pine Township, Indiana County, Pennsylvania, shall implement the enforcement of this chapter.
Section 7. Violations and Penalties
Any person, persons, firm, corporation or organization violating any of the provisions of this ordinance shall upon summary conviction before a Magisterial District Judge having jurisdiction, be sentenced to pay a fine of not more than $300.00, along with cost of prosecution and, in default of the payment thereof, shall be sentenced to undergo imprisonment for a period not to exceed ten (10) days.
Section 8. Effective Date
This ordinance shall become effective five (5) days after the date of passage.
Section 9. Severability
If any section, subsection, sentence, or clause of this ordinance is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance.
ENACTED AND ORDAINED into law this 4th day of May 2009 by TOWNSHIP OF PINE, COUNTY OF INDIANA, PENNSYLVANIA.
James R. ShirleyKeith MuirHarold MichaelsAttest: Jennifer Lindahl
