Jake Breaking Ordinance

Brown County

Jake Breaking

Ordinance

NOTICE OF HEARING OF THE

BROWN COUNTY COMMISSION

REGARDING AN AMENDMENT TO SECOND REVISION 

BROWN COUNTY ORDINANCE, TITLE 6

A public hearing will be held by the Brown County Commission on the 13th day of March 2018 beginning at 8:45 a.m. in the Commission Chambers, Courthouse Annex, to consider an ordinance amending Second Revision Brown County Ordinances, Title 6 Traffic Regulations, by adding Chapter 6.05 Prohibiting the Lawful Use of Engine and Compression Brakes (Jake Brakes), as follows:

TITLE 6 TRAFFIC REGULATIONS

Chapter 6.05 – Prohibiting the Lawful Use of Engine and Compression Brakes (Jake Brakes)

Section 6.0501.  Purpose. The purpose of this ordinance is to prohibit the excess, loud, unusual or explosive use of engine and compressed air braking devices within the designated areas of Brown County.

Section 6.0502. Definitions. For the purpose of this ordinance the following words and phrases are defined as follows: Engine retarding brake means a Dynamic Brake, Jake Brake, Jacobs Brake C-Brake, Paccar Brake transmission brake or any other engine retarding brake systems that alters the normal compression of the engine and subsequently releases that compression and creates an excessively loud noise.

Section 6.0503. Prohibitions. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within designated areas in the County of Brown, State of South Dakota, any engine brake, Compression Brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excess, loud, unusual or explosive noise from such vehicle, unless such use is necessary to avoid imminent danger. Such prohibition shall be applicable only to those streets, roads, alleys easements, or rights of way established for vehicle operation within Brown County. 

Section 6.0504. Areas of Prohibition. The prohibition set forth herein shall apply to any public roads or highways in Brown County and shall be designated as such by signage as approved by the Brown County Commissioners.

Section 6.0505. Exceptions. Emergency vehicles shall be exempt from application of this ordinance.

Section 6.0506. Penalties. Any driver and/or firm or corporation for whom the driver is employed who shall violate this Ordinance shall upon conviction thereof, be summoned to pay a fine of Two Hundred Dollars ($200.00) along with any court costs.

The public is invited to attend the hearing and to present comments and testimony regarding the amendment to Title 6, adding Chapter 6.05 – Prohibiting the Lawful Use of Engine and Compression Brakes, (Jake Brakes).   At the conclusion of the hearing, the Brown County Commission may adopt first reading of Brown County Ordinance No. 115

Dated this 20th day of February 2018

ATTEST: 

Maxine Fischer, Brown County Auditor

(0228.0306)

Published twice at the total approximate cost of 57.27. 15554