§ 98-408. Compression release braking systems.

(a)

Declared unlawful. 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 within the limits of the city for the peace, health and comfort of the citizens of the city and the public.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Compression release type braking system means any devices equipped on certain commercial vehicles, including but not limited to, tractors, semitrucks, motor carriers and buses that utilize 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.

(c)

Misdemeanor. 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 upon conviction shall be guilty of a misdemeanor.

(d)

Penalty for violation. Violation of this section shall be punishable by a fine of not more than $100.00 for each offense.

(Code 1969, § 27-244; Ord. No. 1862, §§ 1—4, 10-18-2004)