10.06 - Prohibition of Dynamic Braking Systems
Part of the Code of Ordinances of Virgin, UT.
The text
Footnotes:
--- (1) --- Adopted by Ord. 2023-10 on 10/17/2023
10.06.010 - Purpose#
The purpose is to mitigate noise pollution within the Town of Virgin by prohibiting the use of dynamic brake devices or systems within Town limits.
10.06.020 - Definitions#
"Dynamic braking device of system" means a device or system used for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. A dynamic braking device or system is often commonly referred to as a Dynamic Brake, Jacob's Brake, C-Brake, engine brake, or compression brake.
10.06.030 - Prohibition#
It is unlawful for the driver of any motor vehicle to use, operate, or cause to be operated any dynamic braking device or system on any dynamic braking device or system on any street or road within the boundaries of the Town of Virgin. The emitting of any compression noise shall be prima facie evidence of the use of a dynamic braking device or system.
10.06.040 - Exceptions#
The prohibitions shall not apply to emergency driving situations requiring the use of dynamic braking device or system to protect the safety and property of the residents of the Town, other motor vehicle operators, pedestrians and the operator and passengers of the motor vehicle involved in said emergency situation. Fire trucks and other emergency vehicles are exempt from the prohibitions of this chapter.
10.06.050 - Signage#
Signs stating "ENGINE BRAKE ORDINANCE ENFORCED" may be installed at locations deemed appropriate by the Mayor to advise motorists of the prohibition of the use of the engine brakes within Town limits of Virgin. The provisions of this ordinance shall be in full force and effect and may be enforced even if no signs are installed.
10.06.060 - Violations and Penalties#
Any person violating the prohibition provision shall be guilty of a class C misdemeanor, punishable according to Utah Code Section 76-3-301. Each day such violation is committed or such permitted to continue shall constitute a separate offense and shall be punishable as such.