HomeMy WebLinkAbout2005-040 Prohibit Use of Compression Brakes within City Limits (
ORDINANCE NO 2005- 40
AN ORDINANCE prohibiting the non - emergency use of compression brakes on
motor vehicles within the City of Yakima and amending Section
9.50.260 of the City of Yakima Municipal Code to add a new
subsection.
WHEREAS, the City of Yakima has received complaints from citizens regarding the
noise created by motor vehicles using compression brakes, also known as engine braking or
lake brakes" to slow motor vehicles; and
WHEREAS, the noise created by the use of compression brakes interferes with the
peace and repose of City of Yakima residents at varying hours during the day and night; and
WHEREAS, this matter is being considered at a duly advertised public meeting, and
WHEREAS, the Yakima City Council finds that it is in the best interests of the City of
Yakima to enact the following; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. "Amended Section Section 9.50.260 of the City of Yakima Municipal
Code shall be amended to read as follows:
"9.50.260 Unnecessary noise.
Laj It is unlawful to operate any vehicle in such a manner as to cause any
unnecessary or unreasonable loud noise, whether due to sudden starting,
sudden stopping, exhaust explosion, lack of proper muffler, or by any other
means.
( b) It is unlawful for any vehicle, other than any vehicle of any municipal fire
department, to use compression braking. also known as engine braking or
lake brakes," at any time. It shall be an affirmative defense to a violation of
subsection (b) that said compression braking occurred during a bona fide
emergency."
Section 2 Posting of notice The City of Yakima Public Works Department shall
post at reasonable locations within the City of Yakima signs indicated "Unmuffled
Compression Brakes Prohibited" or substantially similar wording.
•
Section 3 Penalty Violation of amended Section 9.50.260(b) shall be
punishable as a traffic infraction under the same terms and conditions described in Yakima
Municipal Code section 9 60 030
Section 4 Severability If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance
Section 5 Publication and Effect. This ordinance shall be in full force and
effect 30 days after its passage, approval, and publication as provided by law and by the City
Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
2nd day of August, 2005
P - r
Paul P George, Mayor
ATTEST
K ahi—w%.
City Clerk
Publication Date. 8/5/05
Effective Date 9/4/05
2
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting of August 2, 2005
ITEM TITLE An Ordinance Prohibiting the Use of Vehicle Compression Brakes
Within the City Limits, Except for Emergency Fire Apparatus
SUBMITTED BY Raymond L. Paolella, City Attorney
CONTACT PERSON/TELEPHONE Raymond L. Paolella, 575 -6030
SUMMARY EXPLANATION
At the July 19, 2005 Council meeting, Howard Hinton requested that the City regulate the use of
compression brakes inside the City limits According to Mr Hinton, the use of compression brakes
is a noise disruption and disturbs neighborhood tranquility
In response to Mr Hinton's request, the Council unanimously directed that legislation be prepared
to prohibit the use of compression brakes on motor vehicles within the City limits, as reflected in
the attached ordinance Emergency Fire apparatus are exempt from the regulations in the
ordinance
The penalty for this offense is a $101 fine
Resolution Ordinance Other (Specify)
Contract Mail to (name and address)
Funding Source
APPROVED FOR SUBMITTAL. „ % City Manager
STAFF RECOMMENDATION This is a Council policy decision
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2005-40