ORDINANCE #16-2015 Use of Engine Brakes

ORDINANCE #16-2015

AN ORDINANCE OF THE VILLAGE OF BARRYTON OUTLAWING THE USE OF ENGINE BRAKES ON VEHICLES WITHIN THE VILLAGE LIMITS

 

BE IT ORDAINED AND ENACTED by the Village of Barryton, Mecosta County Michigan, and it is hereby enacted by the authority of the same that the Village of Barryton hereby authorizes the following:

Section 1. Operation of Engine Brakes Declared a Nuisance. The Village Council of Barryton, Mecosta County, Michigan, finds as a fact that the operation of an engine brake 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, adversely affects the public health, safety and welfare of the residents of the Village of Barryton, and therefore, is a nuisance in fact.

Section 2. Prohibition No gasoline powered or diesel powered motor vehicle shall be operated on the streets, roads, alleys or highways within the Village of Barryton, Mecosta County, Michigan, utilizing, in said operation, an engine brake, permitting excessive noise to be created by said motor vehicle.

Section 3. Use Permitted in Emergency Situations. This Ordinance shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of the Village of Barryton, other motor vehicle operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation.

Section 4. Penalties. Any driver and/or the firm or corporation for whom the driver is employed who shall violate any provision of this Ordinance, shall pay the penalty for a Village civil infraction/citation of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction/citation up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

Section 5. Severability. The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Section 6. Notice to be published

The Village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the ___April 8, 2015______ council meeting and cause the same to be published as required by law.

Yeas___5__ Nays____0___        Ordinance declared: Adopted

Published: April 17, 2015     Effective Date: May 8, 2015

 

____Jennifer Trelfa_______           ______Deb Buehner____________

Village Clerk                                                 Village President