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1389 - Ordinance - Unmuffled Compression BrakesORDINANCE NO. 1389 V AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CODIFYING CHAPTER 10 OF THE PORT ORCHARD MUNICIPAL CODE TO INCLUDE THE PROHIBITION OF THE USE OF UNMUFFLED COMPRESSION BRAKES IN THE CITY EXCEPT IN EMERGENCIES; PROVIDING PENALTIES THEREFORE, AND AUTHORIZING SIGN POSTING TO THAT EFFECT. WHEREAS, the City of Port Orchard finds that the use of motor vehicle brakes that are activated or operated by the unmuffled compression of the engine of a motor vehicle, commonly called Jacobs or Jake brakes, disturbs.and disrupts the public peace and quiet and, therefore, finds that it would be in the best interests of the public health, safety and general welfare to prohibit the use of such brakes except in emergency situations, NOW, THEREFORE, THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: 1. No person shall use motor vehicle brakes commonly known as Jacobs or Jake brakes, which are in any way activated or operated by the unmuffled compression of the engine of any such motor vehicle or any unit or part thereof within the City limits of the City of Port Orchard. 2. It shall be an affirmative defense to prosecution under this section that said unmuffled compression brakes were applied in an emergency and were necessary for the protection of persons and/or property. 3. Any person violating the provisions of this Ordinance shall be deemed to have committed a traffic infraction and shall be penalized an amount not to exceed $50.00. 4. The City personnel are authorized and directed to post appropriate signs consistent with the provisions of this Ordinance. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage .this loth day of August, 1987. LESLIE �J. WEATHERILL, MAYOR ATTEST: Patricia Hower,/City Clerk APPROVED AS TO FORM: City Attorney