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