1617ORDINANCE NO. 1617 (#24-2419)
AN ORDINANCE CONCERNING NOISE PREVENTION AND
PROHIBITING THE PRACTICE KNOWN AS "JAKE -BRAKING"
(MOTOR -BRAKING), PROVIDING FOR PENALTIES FOR SUCH, AND
DECLARING AN EMERGENCY.
WHEREAS, it is the finding of the City Council of the City of
Jacksonville, Arkansas that numerous complaints have been made regarding
the practice of "jake-braking" by large trucks and that the noise created by
this process is disruptive to businesses and residents with homes situated
near the city's major highways.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE; It shall be unlawful for the driver of any
vehicle to use or operate or cause to be used or operated within the City of
Jacksonville, Arkansas any mechanical exhaust device, or motor brake,
designed to aid in the braking or deceleration of any vehicle which results in
the excessive, loud, unusual or explosive noise from such vehicle, or
otherwise engage in what is known as "jake-braking." However, it is an
affirmative defense to a violation of this ordinance that motor -braking was
used on an emergency basis to avoid damage to property, or a personal
injury.
SECTION TWO; Any person, firm or corporation violating
this Ordinance shall be guilty of a misdemeanor and upon conviction hereof
shall pay a fine not exceeding $200.00 for each offense.
SECTION THREE; Enforcement of this Ordinance shall be
delayed until signs have been posted on all major roadways entering or
bypassing the City of Jacksonville, Arkansas. Said signs shall be posted on or
near said roadways stating in language similar to:
"NO JAKE -BRAKING BY ORDER OF ORDINANCE NO.
1617, UNLESS FOR EMERGENCY PURPOSES."
SECTION FOUR: Should any section, clause, or provision of
this Ordinance pursuant thereto be declared invalid by a Court of competent
jurisdiction, such a ruling shall not affect the validity of the Ordinance as a
whole or any part thereof, other than the part so declared invalid.
Ordinance No, 1617 (#24— 2019)
Page Two
SECTION FIVE;
covered by this Ordinance are
Jacksonville, Arkansas, and be(
for the health, safety of the cit
is declared to exist. Therefore,
from and after its adoption and
Whereas present traffic and noise in areas
inadequate to control peace of the citizens of
ause it is of the utmost importance to provide
izens of Jacksonville, Arkansas, an emergency
this Ordinance shall be in full force and effect
publication.
APPROVED AND ADOPTED THIS 17TH DA Y OF OCTOBER, 2019.
CITY OFJACKSONVILLE, ARKANSAS
BOB JOHN ON, MAYOR
A TTEST.•
VED AS TO FORM:
FRIEDMAN, CITYAT]"ORNEY