05-05 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.05-05
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS TO PROHIBIT THE USE OF DEVICES
USED TO SLOW A VEHICLE BY SLOWING THE ENGINE, WHICH ARE COMMONLY CALLED,
AMONG OTHER NAMES, ENGINE BRAKES, COMPRESSION BREAKS, JAKE BRAKES AND
DYNAMIC BRAKES IN THE TOWN LIMITS OF PROSPER, TEXAS, ESTABLISHING AN
OFFENSE, AND DECLARING A NUISANCE; PROVIDING FOR A DEFENSE TO A VIOLATION
OF THIS ORDINANCE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
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PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") under the authority of
§51.012 and §217.002 of the Texas Local Government Code, has investigated and determined that it is in the best
interest of the Town of Prosper, Texas ("Prosper') to prohibit the use of devices used to slow a vehicle by slowing
the engine, which are commonly called, among other names, engine brakes, compression breaks,jake brakes and
dynamic brakes("Engine Breaks")in Prosper;and
WHEREAS,The Town Council declares that the use of the word"fake brake"in this Ordinance or any signs
authorized to be posted by this Ordinance is meant in its ordinary context and common meaning and understanding,
and is not the use of any trademarked or registered name, just as use of the word "kleenex" or "coke" does not
necessarily refer to the brand names of"Kleenex®"or"Coke®';and
WHEREAS, the Town Council further finds that it is a reasonable exercise of its police power to prohibit the
use of Engine Brakes in Prosper as set forth below; and
WHEREAS, it is hereby declared to be the policy of Prosper to minimize exposure to the physiological and
psychological harm of excessive and unnecessary noise associated with the use of Engine Brakes and to protect,
promote,and preserve the public health,comfort,convenience, safety, and welfare; and
WHEREAS, it is the express intent of the Town Council to control the level of noise caused by Engine
Brakes in a manner which promotes commerce, protects the sleep and repose of citizens, and preserves the quality
of life and the environment; and
WHEREAS, the Town Council finds that noise pollution is a serious concern to all inhabitants of the
community and that it is in the best interest of the citizens of Prosper to adopt this Ordinance;and
WHEREAS, the Town Council has investigated and determined that Engine Brakes are designed to aid
drivers of over-sized vehicles, such as trucks, semi-trucks, 18-wheelers, tractor-trailers, etc., with the slowing of the
vehicle in mountainous areas or areas containing many hills and that Prosper is not a mountainous or hilly area
warranting the use of Engine Brakes;and
WHEREAS, the Town Council has investigated and determined that the noise created by the use of Engine
Brakes, whether on a properly or improperly muffled engine, constitutes a nuisance as the use of Engine Brakes
typically results in excessive, loud, unusual or explosive noise from the vehicle; and
WHEREAS, the Town Council has investigated and determined that it would be advantageous and
beneficial to the citizens of Prosper and promote the public health, safety and welfare to prohibit the use of Engine
Breaks in Prosper as set forth below.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: DEFINITIONS. For purposes of this Ordinance, the terms below shall have the following
meanings:
Engine Brake(s)means any device used to slow a vehicle by slowing the engine, which are also commonly called,
among other names, engine brakes, compression breaks, jake brakes and dynamic brakes, regardless of the
manufacturer.
Vehicle means a device that can be used to transport or draw persons and/or property on a highway or street,
including but not limited to a car,truck,trailer,truck tractor, semi-truck,tractor trailer, 18-wheeler or motorcycle.
SECTION 3: UNLAWFUL USE OF ENGINE BRAKES/OFFENSE ESTABLISHED/NUISANCE
ESTABLISHED. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated
within the Town limits of Prosper, as they may presently or in the future exist, any Engine Brake. A person commits
an offense by violating any provision of this Ordinance. The use of an Engine Break is hereby declared to be a
nuisance.
SECTION 4: SIGNS. The Town Administrator, or his/her designee, shall be responsible for installing signs
and/or markings to properly notify the public that the use of Engine Brakes is prohibited within Prosper and/or the
Town Administrator, or his/her designee, shall cooperate with and assist the Texas Department of Transportation in
installing such signs and/or markings.
SECTION 5: ENFORCEMENT: The Police Chief, or his/her authorized representative(s), is authorized to
issue citations to any driver or owner of a vehicle that has violated this Ordinance. The Town shall not be
responsible or liable for any damage to any vehicle or personal property caused by the prohibition on the use of
Engine Brakes pursuant to this Ordinance and shall not be responsible for any damage resulting from the failure to
exercise the authority granted under this Ordinance.
SECTION 6: DEFENSE ESTABLISHED: It shall be a defense to prosecution for an offense established by
this Ordinance if the use of Engine Brakes was necessary to avoid imminent danger to persons or property.
SECTION 7: SAVINGS/REPEALING CLAUSE: All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 8: SEVERABILITY: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that
any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections,sentences,clauses and phrases be declared unconstitutional or invalid.
SECTION 9: PENALTY PROVISION: Any person violating this Ordinance shall be deemed guilty of a
misdemeanor,and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars($500.00)per
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offense. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 10: EFFECTIVE DATE: This Ordinance shall be effective upon its passage and publication as
required by law.
PASSED AND APPROVED by the Town Council of the Town of Prosper, Texas, this 25th day of
January,2005.
CHA ES A , Mayor
ATTESTED AND CORRECTLY
REC DED:
SHANAE JEN S,Town Secr ary
Date(s)of Publication: I 071 D S °1-- llgtIOS Dallas Morning News,Collin County Edition
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