02-10106 Traffic Motor Vehiclesco111111 iea 1a1.
(Published in the Salina Journal on October 2002)
ORDINANCE NUMBER 02-10106
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE SALINA
CODE, CHAPTER 38, ARTICLE VII. NOISE, ADDING SECTION 38-151 PERTAINING
TO ENGINE BRAKE REGULATIONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 38-151 of Chapter 38, Article VII. Noise, of the Salina
Code is hereby added to read as follows:
"Sec. 38-151. Engine brakes prohibited in certain zones.
(a) It shall be unlawful for the driver of any vehicle to use, operate or
cause to be used or operated an "engine brake" (sometimes referred to as a
"compression brake") defined as "a device which retards the forward motion
of a motor vehicle by the use of the compression of the engine of the motor
vehicle" within zones within the city limits designated by the city manager
and marked by signage stating "No engine brakes zone."
(b) When designating the zones in which use or operation of the engine
brakes is prohibited, the city manager shall consider roadway and traffic
control characteristics and the potential for excessive noise from engine brake
usage to disturb the peace in nearby residential districts.
(c) It shall be an affirmative defense to prosecution under this section that
the engine brakes were applied in an emergency and were necessary to
prevent imminent danger to a person or to property."
Section 2. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk
Introduced: October 7, 2002
Passed: October 21, 2002
*'st�in M. Se on, Mayor