ORD 708

CITY OF TROY, KANSAS

ORDINANCE NO. 708

AN ORDINANCE PROHIBITING THE USE OF COMPRESSION RELEASE ENGINE BRAKING SYSTEMS OR MECHANISMS OR ENGINE BRAKING SYSTEMS OR MECHANISMS REFERRED TO AS JACOBS BRAKES OR JAKE BRAKE ON MOTOR VEHICLES OPERATED WITHIN THE LIMITS OF THE CITY OF TROY, KANSAS WITHOUT A PROPERLY INSTALLED AND OPERATIONAL ENGINE BRAKE MUFFLER; PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:

Section 1. DEFINITION. The term compression release engine braking systems or mechanisms and engine braking systems or mechanisms referred to as Jacobs brakes or Jake brakes, as used herein means any device used to slow a motor vehicle by engine compression creating noises emitted through the vehicles exhaust system.

Section 2. USE OF COMPRESSION RELEASE ENGINE BRAKING SYSTEMS OR MECHANISMS OR ENGINE BRAKING SYSTEMS OR MECHANISMS REFERRED TO AS JACOBS BRAKES OR JAKE BRAKES PROHIBITED. It shall be unlawful for any person operating a motor vehicle within the City of Troy, Kansas, to use a compression release engine braking system or mechanism or a engine braking system or mechanism referred to as a Jacob brake or a Jake brake, in said motor vehicle without a properly installed and operational engine brake muffler.

Section 3. PENALTIES FOR VIOLATIONS. Any person convicted of a violation of this ordinance shall be deemed guilty of a Class C misdemeanor and punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment.

Section 4. REPEALER. All ordinances or parts of ordinances of the City of Troy, Kansas in conflict herewith are hereby repealed.

Section 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper.

ADOPTED AND APPROVED by the governing body of the City of Troy, Kansas on this 4th day of December, 2018.

__________________________

Robert Jenkins, Mayor

ATTEST:

_______________________

Jane M. Boeh, City Clerk

City Seal: