Ordinance 051707B

AN ORDINANCE AMENDING ELKINS MUNICIPAL CODE BY ADDINGCHAPTER 8.10 SUBSECTIONS 8.10.01 THROUGH 8.10.06 TO TITLE 8WHICH PROHIBITS THE USE OR OPERATION OF ENGINE BRAKES,"JAKE BRAKES," AND OTHER ENGINE RETARDING DEVICES WHICHCAUSE BY THEIR USE EXCESSIVE NOISE AND DISTURBANCEWITHIN THE CITY LIMITS OF ELKINS AND REPEALING ALLORDINANCES, PARTS OF ORDINANCES, IN CONFLICT HERE WITH.

WHEREAS, there has in recent years been a significant increase in large trucksand similar vehicles traveling the highways and streets of Elkins.

WHEREAS, many of these vehicles are equipped with and use engine brakeswhile driving within the City of Elkins.

WHEREAS, the noise emitted by use of the engine brakes within the City of() Elkins causes alarm in many cases and is, at the least, very disturbing to the people whotravel, work or live near the city streets and highways.

BE IT ORDAINED BY THE CITY COUNCIL OF ELKINS, ARKANSAS,

SECTION 1: (8.10.01) Prohibited Acts: Any use or operation of any enginebrake, "jake brake," or engine retarding device causing excessive noise and disturbancewithin the city limits of Elkins except when used in emergency situations to avoiddamage to property or personal injury, or when used by emergency vehicles.

SECTION 2: (8.10.03) Approved Procedure: From and after passage of thisordinance all large trucks and other vehicles featuring engine brakes, ')ake brakes," orengine retarding devices shall operate in such a manner as to preclude the necessity ofusing said devices while in the city limits of Elkins.

SECTION 3: (8 .1 0.05) Penalty: Violation of this ordinance is punishable by afine of not less than $25.00 nor more than $100.00 for a first offense. Subsequentoffenses shall carry the following minimum and maximum fines:

                    Min.   Max.     
2nd offense $50.00 $200.00
3rd offense $75.00 $350.00
4th offense and beyond $100.00 $500.00

In addition to such fines the Clerk of the Court shall collect costs upon eachconviction, plea of guilty or no contest and/or forfeiture of bond. All fines collected shallbe paid to the Elkins Police Department.

SECTION 4: (8.10.06) Priority Over Conflicting Language: All ordinances, partsof ordinances, and any portions of Elkins' Municipal Code, contrary to Sections 1 and 2hereof are hereby repealed to the extent of such conflict.

PASSED AND APPROVED THIS 7TH DAY OF JUNE 2007.

 

Last modified on Tuesday, 17 May 2016 16:10