HomeMy WebLinkAbout2020-77 - Ord. Replacing Ord. 122-91 Unmuffled Compression Brakes ORDINANCE NUMBER - 2020—��-
REPLACING ORDINANCE NO. 122-91
UNMUFFLED COMPRESSION BRAKES
AN ORDINANCE, amending Mason County Code, Chapter 10.34 "Unmuffled Compression
Brakes".
WHEREAS, RCW 46.37.395 prohibits the use of unmuffled compression brakes in the State
of Washington; and,
WHEREAS, the Mason County Code currently only restricts those public highways or
portions thereof identified and prohibited by resolution.
WHEREAS, Mason County Code, Chapter 10.34, is being updated to reflect the current
state law and change how signage is currently approved for unmuffled compression brakes.
THEREFORE, BE IT HEREBY ORDAINED, the application of unmuffled compression
brakes are prohibited in Mason County, except when necessary for the protection of persons and/or
property, which cannot be avoided by application of an alternative braking.
Unmuffled engine compression brake: a motor vehicle brake which is activated or worked by
the compression of the engine of a motor vehicle and which is not effectively muffled to
prevent excessive noise.
FURTHER, the County Engineer shall post at reasonable locations upon the boundaries of
the county signs indicating "Unmuffled Compression Brakes Prohibited" or substantially similar
wording. The County Engineer shall have the authority to post signs pursuant to this ordinance on
roads in the unincorporated areas in response to reasonable requests from the community.
FURTHER, these prohibitions are in full force whether or not posted for all motor vehicles
with a gross weight of 4,536 kilograms or more (10,001 pounds or more) operating on public roads.
FURTHER, that any person or persons violating the provisions of this ordinance shall have
committed a traffic infraction and a penalty of two Hundred fifty Dollars ($250.00) shall be imposed
for first violation, five hundred Dollars ($500) for second and seven hundred fifty ($750) for each
violation thereafter. Violations shall be enforced by such-authorities and in such manner as set forth
in RCW 46.63 and RCW46.64. Said fine shall not apply if an emergency situation exists and the use
of unmuffled engine compression brakes is necessary for the protection of persons or property.
NOW THEREFORE, BE IT FURTHER ORDAINED, rescinding Ordinance 122-91 and
resolutions that established signage restriction on county roads or highways related to unmuffled
compression breaks.
ADOPTED this�t day of , 2020.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie S ith, erk of the Board Sharon Tras , Chair
VED AS TO FORM:
Ran Neat Commissioner
Tim Whitehead,
Ch. Deputy Prosecuting Attorney Kevin S utty, Commissioner
Title 10-VEHICLES AND TRAFFIC
Chapter 10.34 UNMUFFLED COMPRESSION BRAKES
Chapter 10.34 UNMUFFLED COMPRESSION BRAKES
Sections:
10.34.010 UnmufFled compression brakes—Prohibited.
10.34.020 County engineer—To post signs designating areas where use prohibited.
10.34.030 Violation—Penalty.
10.34.010 Unmuffled compression brakes—Prohibited.
Unmuffled compression brakes are prohibited; The application of unmuffled compression brakes in
unincorporated Mason County is prohibited, except when necessary for the protection of persons and/or
property, which cannot be avoided by application of an alternative braking. provided, s„oh prehibi+inn chap
no person shall use m hi motor vecle hraLes which are
GGMRqiGGiGReFGj ,
arti,,fated Ar operated by the GOMPFeSSiOR of the engine of the meter veh'Gle OF aRY URit OF paFt
}hereof „nless the braking system is equipped with a fi,pnt!GRaI muffler
Unmuffled engine compression brake:a motor vehicle brake which is activated or worked by the
compression of the engine of a motor vehicle and which is not effectively muffled to prevent
excessive noise.
(nr_ora. 122 91 ),9
10.34.020 County engineer—To post signs designating areas where use prohibited.
(a) The GGURty engineeF shall post and maiRtaiR signs designating the areas iA Whirh the-se of- nmuffled
and the GGURty engineer shall keep and rnaiRtaiR -A file Of A-Feals so designated, and
the file shall he open to the p„blin
(a) The county engineer shall post at reasonable locations upon the boundaries of the county signs
indicating "UnmufFled Compression Brakes Prohibited", or substantially similar wording. The county
engineer shall have the authority to post signs pursuant to this chapter on roads in the unincorporated
areas in response to reasonable requests from the community.
(b) These pFohib.tiGns shall be iR full ferGe -and effertive immediately UPGR the P StiRg of the reads
+avelved.
(b) These prohibitions are in full force whether or not posted for all motor vehicles with a gross weight of
4,536 kilograms or more (10,001 pounds or more) operating on public roads.
(Ord122-91 (part), 1991)
10.34.030 Violation—Penalty.
Any person or persons violating the provisions of this chapter shall have committed a traffic infraction
and a penalty of onev, two hundred fifty dollars shall be imposed for first violation, five hundred
Dollars for second and seven hundred fifty for each violation thereafter.that any person or persons violating
the provisions of this ordinance shall have committed a traffic infraction and a penalty of. Violations shall
be enforced by such authorities and in such manner as set forth in RCW Chapter 46.63 and RCW Chapter
46.64. The fine shall not apply if an emergency situation exists and the use of unmuffled engine
compression brakes is necessary for the protection of persons or property.
(9rd. 122 01 (part), 1991).
Mason County,Washington, Code of Ordinances Page 1
Title 10-VEHICLES AND TRAFFIC
Chapter 10.34 UNMUFFLED COMPRESSION BRAKES
Chapter 10.34 UNMUFFLED COMPRESSION BRAKES
Sections:
10.34.010 UnmufFled compression brakes—Prohibited.
10.34.020 County engineer—To post signs designating areas where use prohibited.
10.34.030 Violation—Penalty.
10.34.010 Unmuffled compression brakes—Prohibited.
Unmuffled compression brakes are prohibited; the application of unmuffled compression brakes in
unincorporated Mason County is prohibited, except when necessary for the protection of persons and/or
property, which cannot be avoided by application of an alternative braking.
Unmuffled engine compression brake:a motor vehicle brake which is activated or worked by the
compression of the engine of a motor vehicle and which is not effectively muffled to prevent
excessive noise.
10.34.020 County engineer—To post signs designating areas where use prohibited.
(a) The county engineer shall post at reasonable locations upon the boundaries of the county signs
indicating "Unmuffled Compression Brakes Prohibited", or substantially similar wording. The county
engineer shall have the authority to post signs pursuant to this chapter on roads in the unincorporated
areas in response to reasonable requests from the community.
(b) These prohibitions are in full force whether or not posted for all motor vehicles with a gross weight of
4,536 kilograms or more (10,001 pounds or more) operating on public roads.
10.34.030 Violation—Penalty.
Any person or persons violating the provisions of this chapter shall have committed a traffic infraction
and a penalty of two hundred fifty dollars shall be imposed for first violation,five hundred Dollars for second
and seven hundred fifty for each violation thereafter. that any person or persons violating the provisions of
this ordinance shall have committed a traffic infraction and a penalty of. Violations shall be enforced by
such authorities and in such manner as set forth in RCW Chapter 46.63 and RCW Chapter 46.64. The fine
shall not apply if an emergency situation exists and the use of unmuffled engine compression brakes is
necessary for the protection of persons or property.
Mason County,Washington, Code of Ordinances Page 1