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File #: 2010-0250    Version: 1
Type: Ordinance Status: Passed Finally
File created: 3/23/2010 In control: Committee on Public Safety Services
On agenda: Final action: 4/21/2010
Enactment date: 4/21/2010 Enactment #: 9
Effective date:    
Title: Ordinance amending the Pittsburgh Code, Title V- Traffic, Article I, Administrative, Chapter 503, Enforcement and Control, prohibiting the non-emergency use of compression brakes at a new section at 503.15
Sponsors: Douglas Shields
Indexes: PGH. CODE ORDINANCES TITLE 05 - TRAFFIC
Attachments: 1. 2010-0250.doc
Title
Ordinance amending the Pittsburgh Code, Title V- Traffic, Article I, Administrative, Chapter 503, Enforcement and Control, prohibiting the non-emergency use of compression brakes at a new section at 503.15

Body
WHEREAS, the City of Pittsburgh has received complaints from citizens regarding the noise created by trucks using compression brakes to slow their vehicles; and

WHEREAS, the noise created by the use of compression brakes interferes with the peace and repose of City of Pittsburgh citizens at varying hours during both the day and night; and

WHEREAS, the City Council finds that adoption of this ordinance would further the public health, safety and welfare of City of Pittsburgh citizens;

THE COUNCIL OF THE CITY OF PITTSBURGH HEREBY ENACTS AS FOLLOWS:

SECTION 1. A new section at Title V- Traffic, Article I, Administrative, Chapter 503, Enforcement and Control, is added to the City of Pittsburgh Code to read as follows:

Section 503.15 Un-muffled Compression Braking Prohibited.

(a) Except as provided in this section, no person shall use motor vehicle un-muffled compression brakes within the City of Pittsburgh. It shall be an affirmative defense that said un-muffled compression brakes were applied in an emergency to protect persons and/or property.
(b) This section shall not apply to vehicles of the city's fire department, whether or not responding to an emergency.
(c) As used in this section, the term "compression brakes" means the use of the engine and transmission to retard the forward motion of a motor vehicle by compression of the engine.
(d) The Department of Public Works shall post at reasonable locations within the boundaries of the City signs indicating "Un-muffled Compression Brakes Prohibited" or substantially similar wording. The Department of Public Works shall have the authority to post signs pursuant to this section on roads in the city in response to reasonable requests from the community or the City Council....

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