Ordinance 2001-36 ORDINANCE PROHIBITIN -_CH BRAKING
STATE OF ILLINOIS )
)ss Revised May 29, 2001
COUNTY OF KENDALL )
ORDINANCE NO. 2001- tQ
PROHIBITION OF THE USE OF MECHANICAL EXHAUST
BRAKING DEVICES
IN THE UNITED CITY OF YORKVILLE
WHEREAS the use of a mechanical exhaust device designed to aid in the braking or
deceleration of any vehicle, by converting engine power to compressed air, causes a loud, unusual
or explosive noise from such vehicle; and
WHEREAS the use of such devices disturbs the public within the area where such sound
is audible; and
WHEREAS the Corporate Authorities have determined that the non-emergency use of
such mechanical exhaust devices creates a nuisance in the City, and that it is in the best interest of
the public health, safety and general welfare of the residents of the City that use of such devices
should be prohibited within the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, AS FOLLOWS:
A. No person shall operate, or cause to be used or operated, within the City
any mechanical exhaust device designed to aid in the braking or
deceleration of any vehicle by converting engine power to compressed air.
Pagel of 3
f
ORDINANCE PROHIBITD ECH BRAKING
B. It shall be an affirmative defense that the person operating, or causing to be used
or operated, such mechanical exhaust device in circumstances where it was
necessary to avoid injury or an accident.
C. Any person violating the terms and provisions of the Section shall be subject to
penalties as provided in Section 1-4-1.
D. The City shall provide notice of the prohibition created by this Section by posting
clearly visible signs on all truck routes at or near the entrances to the City, utilizing
existing sign posts approved by the Illinois Department of Transportation on those
routes over which said Department has jurisdiction.
E. Any motion, order, resolution, or ordinance, or part thereof, in conflict with the
terms and provisions of the Ordinance shall be and hereby are to the extent of any
such conflict hereby superseded and waived.
F. If any sentence, clause or other part of this Ordinance shall be found to be void,
invalid, or unconstitutional, then such finding shall not affect the remaining
portions of this Ordinance.
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
Page 2 of 3
ORDINANCE PROHIBITII, ECH BRAKING
ADOPTED THIS ,`k DAY O 2001, pursuant to roll call vote as
follows:
PAUL JAMES MARTIN MUNNS
RICHARD STICKA �_ MIKE ANDERSON
VALERIE BURD ROSE SPEARS `1
LARRY KOT JOSEPH BESCO �V
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this M day of-,-
A.D. 2001.
/MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois,
this 1�-k day ofd`, A.D. 2001.
v Attest:
CITY CLERK
recep.ordpmcbrak
Page 3 of 3