ORDINANCE NO. 2403
BY: ____________________________________
AN ORDINANCE TO CREATE SECTION 10.51
OF THE MUNICIPAL CODE REGARDING
THE USE OF COMPRESSION BRAKES
The Common Council of the City of Oak Creek does hereby ordain as follows:
SECTION 1: Section 10.51 of the Municipal Code is hereby created to read as follows:
SECTION 10.51 COMPRESSION BRAKE USE PROHIBITED.
(a) No operator of a motor vehicle shall use brakes which are in any way activated or operated by the compression of the engine of the motor vehicle or any unit or part thereof such as Jacobs Engine BrakeTM or similar hydraulically operated devices that converts a power producing diesel engine into a power-absorbing retarding mechanism (commonly known as “Jake Brakes,” “engine brakes” or “compression brakes”) on any highway within the City of Oak Creek.
(b) It shall be an affirmative defense to prosecution under this section that Jake Brakes, engine brakes or compression brakes were applied in an emergency and were necessary to prevent immediate danger to life or property.
(c) The terms of this ordinance shall not apply to any “authorized emergency vehicles” as that term is defined in Wis. Stats. Section 340.01(3).
(d) This prohibition shall apply throughout the City of Oak Creek and the City streets shall be posted accordingly.
SECTION 2: All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
SECTION 3: This ordinance shall take effect immediately upon its passage and publication.
Introduced this 2nd day of May, 2006.
Passed and adopted this ______ day of __________________, 2006.
____________________________________
President, Common Council
Approved this ______ day of __________________, 2006.
____________________________________
Mayor
ATTEST:
__________________________________ VOTE: Ayes ______ Noes _______
City Clerk