Ordinances-2020-470 - Chapter 48

DocuSign Envelope ID: D603CDE4- 066F- 4C0C- A7EC- 59D828EEAE6A CITY OF TIFFIN ORDINANCE NO. 2020- 470 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 48, NOISE POLLUTION, SECTION 48.09 AND 48.10, TO ADD PROHIBITING THE USE OF A MOTOR VEHICLE ENGINE BRAKE AND RENUMBERING VIOLATIONS SECTION BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section 1. Purpose: The purpose of this ordinance is to amend Chapter 48, Noise Pollution, of the Municipal Code of Tiffin, Iowa, to prohibit the use of a motor vehicle engine brake and renumber the violations section. Section 2. Amendment. Section 48.09 and 48.10 of Chapter 48 – Noise Pollution is hereby amended as follows: CHAPTER 48 NOISE POLLUTION 48.09 PROHIBITING THE USE OF A MOTOR VEHICLE ENGINE BRAKE. No person shall use an engine brake while operating a motor vehicle except in an emergency situation. ‘ Engine Brake’ means the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in the unreasonably loud, raucous, unusual or explosive noise from such vehicle. ‘ Emergency Situation’ means one in which there is imminent danger to property, persons and/ or animals. 48.10 VIOLATIONS. Violations of this chapter is a municipal infraction or a simple misdemeanor, as the City may elect. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 5. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 24th day of March 2020, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Olney introduced Ordinance No. 2020- 470, and moved that it be given its first reading. The motion was seconded by Councilperson Schnedler.