ORDINANCE NO. 211

AN ORDINANCE CF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON DECLARING THE USE OF COMPRESSION BRAKES A NUISANCE, PROHIBITING THE USE OF COMPRESSION BRAKES ON MOTOR VEHICLES AND SETTING FORTH PENALTIES FOR VIOLATIONS. .

WHEREAS, the Town has found that the use of compression brakes on motor vehicles significantly disturbs the peace and tranquility of its residents.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON DO ORDAIN AS FOLLOWS:

Section 1: Definitions: As used in this Chapter

(a) "brake" means any device used for slowing, halting or stopping the movement of any motor vehicle.

(b) "motor vehicle" means and includes every self propelled device capable of being moved upon the public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rails or tracks, and including automobiles, tractors, trucks, trailers and transportation equipment of all kinds and sizes or any combination or combinations of the same.

Section 2: Use Declared Nuisance: The Town Council finds that the use within the Town limits of motor vehicle brakes which are activated or work by compression of the engine or of a motor vehicle disturbs and disrupts the public peace and quiet and disturbs the residents of the Town and their rest, and in the enjoyment of their property and by reason thereof, the Town Council finds the use of such brakes within the Town limits is a public nuisance.

Section 3: Prohibited - - Exception: The use within the Town limits of any motor vehicle brakes which are in any way activated or operated by compression of the engine or any such motor vehicle or any unit or part

Ordinance No.: 211

Draft No.: 1

Draft Date: December 5, 1989 Ordinance Requested by:

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thereof is prohibited, unless the noise created thereby is effectively muffled.

Section 4: Violations - - Penalties: Any person who violates any of the provisions of this Chapter or who allows or permits any motor vehicle owned and/or operated by said person to be operated in violation of any provisions of this Chapter is guilty of a misdemeanor and upon a conviction thereof shall be punished by fine and/or jail term as set forth in the general penalties provision of the Town Code.

Section 5: This ordinance shall take affect and be in force five (5) days from and after its passage, approval and publication as required by law.

Mayor Patricia Gallagher

INTRODUCED 12/12/89

PASSED: 12/12/89

APPROVED: 12/12/89

PUBLISHED: 12/20/89

Attested:

Connie Sue Brown

Town Clerk

Approved as to Form:

Michael J. Reynolds

Town Attorney

Ordinance No.: 211

Draft No.: 1

Draft Date: December 5, 1989 Ordinance Requested by:

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