Ord 90-069
0072.160.003
TAR/crd
06/07/90
ORDINANCE NO.
90-69
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROHIBITING THE USE OF COMPRESSION
BRAKES; ESTABLISHING A PENALTY; CONTAINING A
SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE
DATE.
WHEREAS,
the
Federal
Way
city
council
finds
that
prohibiting the use of compression brakes will reduce unnecessary
noise in the city, and
WHEREAS, the Federal Way city Council finds that this
ordinance is in the interests of the public health, safety and
welfare, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
section
1.
compression
Brakes
(Jake
Brakes )
Prohibited.
A.
No person shall use motor vehicle brakes which are
in any way activated or operated by the compression of the engine
of any such motor vehicle or any unit or part thereof.
It shall
be an affirmative defense to prosecution under this section that
said compression brakes were applied in an emergency and were
necessary for the protection of persons and/or property.
B.
This
section
shall
not
apply
to
any
emergency
vehicle when responding to an emergency.
section 2.
Penaltv.
Unless otherwise provided, any
person violating any of the provisions of this Chapter shall be
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COP"
guilty of a traffic infraction, punishable by a maximum fine of
$1,000.
section 3.
Severabilitv.
If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 4.
Effective Date.
This ordinance shall be
effective
five
(5)
days after passage and publication of an
approved summary consisting of the title to this ordinance.
PASSED by the City Council of the City of Federal Way
this 17th day of
JULY
, 1990.
CITY OF FEDERAL WAY
fJk- S/
MAYOR, DEBRA ERTEL
. S ANEY
.~
BY
i
FILE WITH THE CITY CLERK: June 8, 1990
PASSED BY THE CITY COUNCIL: July 17, 1990
PUBLISHED: July 20, 1990
EFFECTIVE DATE: July 25, 1990
ORDINANCE NO. 90-69
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