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2002-150ORDINANCE No. 2002-150 An ordinance prohibiting excessive noise by the use of dynamic brakdng devices or compression brakes in the City of danesville, authorizing the Director of Public Works to post appropriate signs, with a penalty for violations thereof of not less than $50. O0 and not to exceed $500. O0 along with customary costs, fees, penalties and assessments. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 10.37 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "Chapter 10.37 Dynamic Braking Noise Prohibited 10.37.010 10.37.020 10.37.030 10.37.040 10.37.050 10.37.060 Purpose and Intent. Definition. Prohibition. Emergency Vehicles. Signs. Penalties--Violations. 10.37.010 Purpose and Intent. The City Council of the City of Janesville, Wisconsin, finds that the use of motor vehicles brakes which are activated or operated by the compression of the engine (dynamic braking devices) of a motor vehicle creates noise and disturbs and disrupts the public peace and quiet and, therefore, finds that it would be in the best interest of public health, safety and general welfare to prohibit the use of such brakes within the city limits of the City of Janesville; 10.37.020 Definition. Dynamic Braking Device (commonly referred to as "Jake Brakes"® TM, "Jacobs Brakes"®TM, engine brake, or compression brake) means a device or procedure primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. 10.37.030 Prohibition. It is unlawful for any person to cause unreasonable, loud, or excessive noise within the City of Janesville by operating any motor vehicle with a Dynamic Braking Device engaged, (including "Jake"®TM braking, engine braking, or compression braking devices), except for the aversion of imminent danger to persons or property. 10.37.040 ordinance. Emergency Vehicles. Emergency vehicles shall be exempt from this 10.37.050 Signs. Signs shall be installed at the main arterial highways and truck routes leading into the City of Janesville that shall state that such ordinance is in effect. The Director of Public Works and his/her designees are authorized and directed to gain appropriate approval from the State of Wisconsin to post appropriate signs consistent with the provisions of this ordinance and in accordance with State law and Administrative Code. 10.37.060 Violation--Penalty. Any person who violates any provision of this ordinance shall upon conviction be subject to a forfeiture of not less than fifty dollars nor more than five hundred dollars, together with the cost of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than sixty days." SECTION II. This ordinance shall take effect at 12:01 o'clock a.m. on the ~Vhday of ,~CDT. ,2002, the public health, welfare, safety, peace, tranquility and good order so requmng. ADOPTED: August 26, 2002 APPROVED: St~ven E. Sheiffer, City Manager/ ATTEST: Jy~ A~ri Wulf, 6ity Clerk-Tr~as-urer~/f City A4fbrney MOTION BY: Murphy SECOND BY: Brien COUNCILMEMBER AYE NAY PASS ABSENT STEEBER X MURPHY X DAMRON X WILLIAMS X DEGARMO X BRIEN X O'LEARY X Proposed by: Council President DeGarmo Council Member Steeber Prepared by: Assistant City Attorney