HomeMy WebLinkAboutOrdinance 96-122-CCGRANT COUNTY BOARD OF COMIVIISSIONERS
Grant County, Washington
ORDINANCE NO. 96-122-CC
R,ESOLUTTON NO. 96-122-CC
CHAPTER 10.38
USE OF COMPRESSTON BRAKES
An ORDINANCE adding a new section to the Grant County Code, regulating
the use of compression brakes within Grant County:
BE TT ORDAINED:
SI�CTIONS:
10.38.010
10.38.020
10.38.030
10.38.040
10.38.050
10.38.060
1b.38.070
10.36.080
10.36.090
Declarai:ion of Policy
Definitions
Us� Of Campression Brakes Prohibited
Signs Required
DEfense For Emergency Use
EYemptions
Penalties
Severability
�ffective Date
10.38.010 DECLAItATION OF POLICY. Th� Board of Commi�sioners oi Grant
County desire to protect the publie health, safety and welfare of. the residents �i
Grant County by minimizing the exposure of it residents to the hazards oi excessive
noise disturbances ca.used by the use of compression brakes, consistent with
Chapter 6. 24 Grant County Ordinance (Noise Disturbances Prohibited) .
10. 3$ . 020 DEFINITIONS . For purposes of this ordinance, the following words and
plirases used herein shall have the designated meaning unless a diiferent meaning
is expressly provided or the context clearly indicates otherwise:
(1. )"Compression brakes" means a device whieh, when manually activated,
retards the forward motion of a motor vehicle by the dir. ect and sole use of the
compression of the engine of the vehicle. Compression brakes are often called
"jake brakes" or "�xhaust brakes."
( 2.) An "emergency" contemplates that an immediate stoppage or
slowing af the vehicle is nec�ssary in order to prevent injury to
persons and / or dama ge to property or to remedy an injury that has
already occurred and that friction brakes are either not ava.ilable or
woulcl not have been effective in bringing the vehicle to a stop or
slowing it .
(3. ) "Road" for ihe purpose of this ordinance is synonymous with and
includes STR�ET, HIGHWAY AND ALLEY.
(4 .) "Motar vehicle" means every device capable of being moved upon a
public road and in, upon, or by which any person or property is or may be
transported or drawn upon a public road, excepting devices moved by human
or anima.l power used exclusively upon stationary rails or tracks .
10. 38.030 US� OF COMFRESSION BRAKES PROHIBITED . No person shall use motor
vehicle brakes which are in any way activated and/or operated by the compression
of the engine of any such motor vehicle, or any unit or part thereof, except as such
use is neces�ary in an emergency, in the following areas :
That portion of Interstate Highwa,y Numbe� 90, irom mile post # 179 to
mile past # 176, as it passes through Sections 36, 35, 2G, 27, 3�. 28 and
33 , all of Township 19 Nor. th, Range 28, E. W. M.
More commonly described as I 90 from the Highway 17 exit to Moses Lake
to the Broadway Exit to Moses Lake, Washington.
10. 38. 040 SIGNS RE iJIRED . The County Engineer is authorized and directed to
appropriate signs consistEnt with the provisions of this chapter. and as required.
10.38.050 DEFENSE FOR EMERGENCY USE. It shall be an absolute defense to
prosecution under this chapter that such compression br�.kes were applied in an
emergency and where necessary for protection of persons and/or property.
10.38.060 EXEMPTIONS. The provisians of this Chapter shall not apply to Grant
County vehicles or to emer. gency vehicles, whether or not responding to an
emergency, participating in an exercise in emergency management, or r.endering
assistance under. a mutual aid pact.
10.38.070 PENALTIES. Failure to comply with the provisions of this chaptor sha11
subject the violator to the following penalties:
1. Firsi offense
2. Second offense
3. Each subsequent offense
$ 47.00
$ s�.00
$ 190.00
10.38.080 SEVERABILITY. Tf any provision of this ordinance, or this npplicaiion
to any person or circumstanc.e is held invalid, the remainder of the ordinance or the
a,pplication of the provisions to other persons or cireumstances, shall not be
affEct�d.
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10.38.090 EFFECTIVE DATE. This ordinance shall take efiect and be in force on
September 10 , 1996.
NOW TfIEREFORE, �3E IT HER�BY RESOLVED THAT THE GRANT COUNTY
COMMISSIONERS adopt this ordinance effective as set forth herein.
PASSED this lOth day of September, 1996.
ATTEST :
� "� 1 , �
C1erk he Board
APPROVED AS TO FORM ONLY:
Stephen J . Ha,llstrom
Deputy Prosecuting Attorne,y
PUBLISHED:
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
..� � ._
LeRoy C A lis , ember
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