The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Jake Brakes: Sample Ordinance

Reference Number: MTAS-1778
Tennessee Code Annotated
Reviewed Date: May 18, 2016
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Ordinance Number ________

AN ORDINANCE REGULATING THE USE OF ENGINE COMPRESSION BRAKING DEVICES

Whereas, Tennessee law provides for visual muffler inspection standards as a means to enforce noise pollution; now

Therefore, Be It Ordained by the Board of Mayor and Aldermen of the City of _________ as follows:

Section 1. All truck tractor and semi-trailers operating within the city of ________ shall conform to the visual exhaust system inspection requirements, 40 C.F.R. 202.22, of the Interstate Motor Carriers Noise Emission Standards.

Section 2. A motor vehicle does not conform to the visual exhaust system inspection requirements referenced in Section 1 of this ordinance if inspection of the exhaust system of the motor carrier vehicle discloses that the system:

  • Has a defect that adversely affects sound reduction, such as exhaust gas leaks or alteration or deterioration of muffler elements. (Small traces of soot on flexible exhaust pipe sections shall not constitute a violation.);
  • Is not equipped with either a muffler or other noise dissipative device, such as a turbocharger (supercharger driven by exhaust by gases); or
  • Is equipped with a cut out, bypass, or similar device, unless such device is designed as an exhaust gas driven cargo unloading system.

Section 3. Violations of this ordinance shall subject the offender to a fine of $50 per offense.

Section 4. This ordinance shall be supplemental to other noise control ordinances and regulations of the city, and shall be effective upon its final passage, the public welfare requiring it.

Passed 1st reading on_________, 20__
Passed 2nd reading on_________, 20__

_________________________                                         ________________________________
Mayor Attest:                                                                             City Recorder

 

_____________________________________________________________________________
Approved As To Form: City Attorney

Responsible: