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Ordinance 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. 2 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 3