Ordinance 13-D-41 - Engine BrakesORDINANCE NO. 13-D-~tl
AN ORDINANCE AMENDING CHAPTER 86 OF THE CODE OF
ORDINANCES OF THE CITY OF SCHERTZ, AS AMENDED, BY
ADDING SECTION 86-63, PROHIBITING THE USE OF ENGINE
BRAKES ON ANY STREETS OR HIGHWAYS WITHIN THE CITY,
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS (500.00) FOR EACH OFFENSE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz ("City Council") seeks to protect the
public safety, preserve the duality of life, and p~•event nuisances in the City of Schertz ("City");
and
WHEREAS, the City Council finds that the practice of engine breaking by diesel trucks
creates disturbing, unreasonable, and offensive noise when it occurs within the City limits; and
WHEREAS, pursuant to Chapter S 1 of the Texas Local Government Code, the City
Council has the general authority to adopt and publish an ordinance or police regulation that is
for the good government, peace or order of the municipality and is necessary or proper for the
carrying out of a power granted by law to the municipality; and
WHEREAS, it is advisable to amend Chapter 86 of the Schertz Code of Ordinances to
add new regulations regarding engine breaking; and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. That Chapter 86 of the Schertz Code of Ordinances is hereby amended herein
by adding Section 86-b3 "Engine Braking Prohibited" to Article II, to read as follows:
Sec. 86-63 -Engine Braking.
(a) Use of Engine Brakes Prohibited. No person may use an engine braking
system while operating a motor vehicle within the corporate limits of the City of Schertz,
except on an interstate highway, or in an emergency situation.
(b) Engine Braking System Defined. Far the purpose of this section, the
term "engine braking system" shall mean an engine-exhaust braki~~g system device which
converts diesel-engine power into an air compressor and when engaged, operates to slow
the vehicle and creates an excessive, loud, unusual, explosive, or otherwise unreasonable
n015e.
(c} Emergency Situation,._Defined. Far purpose of this section, the term
"emergency situation" shall mean a situation in which there is imminent danger of
collision with property, persons, or animals.
(d) Authorized Emez• enc Vehicles Exem t. Authorized emergency
vehicles, as defined by Section 541.201 of the Texas Transportation Code, shall be
exempt fi•om this section.
{e} Notice. Notice of this section shall be posted at such necessary and
appropriate locations, as determined by the City, by an appropriate sign notifying
motorists of the passage of this section.
(b} Offense. It shall be unlawful and an offense far any person to violate or
fail to cozxzply with any provisions hereof. Any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding five hundred dollars
($500.00}. Each day that a provision of this ordinance is violated shall constitute a
separate offense. An offense under this ordinance is a misdemeanor.
Section 2. The recitals contained in the preamble hereof are hereby found to be tzue, and
such recitals are hereby made a park of this Ordinance for all purposes and are adopted as a pant
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict oz•
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be constzued and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section S. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law,
506b~1394.3 - 2 -
PASSED ON FIRST READING, the I0`f' day of September, 2013,
PASSED, APPROVED and ADOPTED ON SECOND READING, the 17th day of
Septembez•, 2013.
CITY O E -~; - EXAS
Michael R. Carpenter, Mayor
ATTEST:
~~
renda Dennis, City Secz•etary
(CITY SEAL)
50664394.3 - 3 -