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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