A. No person shall use motor vehicle brakes within the city limits that are in any way activated or operated by the unmuffled compression of the engine of that motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that the unmuffled compression brakes were applied in an emergency and were necessary for the protection of persons and/or property.

B. This section shall not apply to vehicles of any municipal 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 to retard the forward motion of a motor vehicle by compression of the engine. “Compression brakes” are also referred to as “exhaust brakes” and/or “jake brakes.”

D. The traffic engineer shall have authority to post appropriate signs consistent with these provisions.

E. Violation of this section shall constitute a traffic infraction and shall be punishable by a maximum penalty of $250 per violation. (Ord. M-3565, 2001)