HomeMy WebLinkAboutOrdinance - 2003-O0030 - Prohibiting Use Of Enging Compression Relase Brakes, Noise Emission Levels - 04/10/2003First Reading
April 10, 2003
Item No. 33
ORDINANCE 2003-00030
Second Reading
April 24, 2003
Item No. 16
AN ORDINANCE PROHIBITING THE USE OF ENGINE COMPRESSION
RELEASE BRAKES, DYNAMIC BRAKING DEVICES OR OTHER BRAKING OR
SLOWING METHODS AJ-ID/OR EQUIPMENT WHICH INCREASES THE NOISE
EMISSION LEVELS OF MOTOR VEHICLES, PROVIDING A SEVERABILITY
CLAUSE, A PUNISHMENT CLAUSE AND PROVIDING FOR NOTICE AS
REQUIRED BYLAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION L THAT the Code of Ordinances of the City of Lubbock, Texas, is
hereby amended by adding a Section to be numbered 16-179, which said Section shall
read as follows:
Definition: "Engine compression release brakes" and "dynamic braking devices"
means a device for the conversion of the motor of a vehicle from an internal combustion
engine to an air compressor for the purpose of braking.
SECTION 2. THAT the Code of Ordinances of the City of Lubbock, Texas, is
hereby amended by adding a Section to be numbered 16-180, which said Section shall
read as follows:
It is hereby declared to be a nuisance unlawful and punishable as an offense for
any person to use and/or make use of engine compression release brakes, dynamic
braking devices and/or other braking or slowing methods and/or equipment which
increases the noise emission levels of motor vehicles within the City of Lubbock.
SECTION 3. THAT the Code of Ordinances of the City of Lubbock, Texas, is
hereby amended by adding a Section to be numbered 16-181, which said Section shall
read as follows:
It shall be an exception to the application of this ordinance that the operation of
braking systems, otherwise prohibited by this section, is required due to the failure of a
vehicle's service brake system or is for the aversion of imminent danger.
SECTION 4. THAT the Code of Ordinances of the City of Lubbock, Texas, is
hereby amended by adding a Section to be numbered 16-182, which said Section shall
read as follows:
The City Council hereby authorizes and directs, in connection herewith, that the
City Manager cause appropriate signs giving reasonable summary notice hereof to be
posted at appropriate locations, on the highways, at the City limits.
SECTION 5. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the
City of Lubbock.
SECTION 6. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 7. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
AND IT IS SO ORDERED.
ATTEST:
cca Garza, City Secretary ~
APPROVED AS TO FORM:
JMK/sh/cityatt/john/ordinances/Breaks.ord
March 28, 2003