Ordinance #62
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Prohibiting the Use of Motor Vehicle Compression Brakes - Marinette

CREATING MARINETTE MUNICIPAL CODE SECTION 10-1-34 PROHIBITING THE USE OF MOTOR VEHICLE COMPRESSION BRAKES

The common Council of the City of Marinette, Wisconsin do ordain as follows;

Section 1. Marinette Municipal Code Section 10-1-34 shall be created to read as follows:

SEC. 10-1-34 COMPRESSION BRAKES PROHIBITED

a) Compression Brakes Prohibited. No person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine of the motor vehicle.

b) Defense. It shall be an affirmative defense to prosecution under this ordinance that compression brakes were applied in an emergency and were necessary for the protection of persons or property.

c) Emergency Vehicles. Emergency vehicles shall be exempt from this ordinance.

Section 2. The provisions of this ordinance are declared to be severable. If any section, sentence, clause, phrase, or application of this ordinance is held to be invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining sections, sentences, clauses, phrases, or applications of this ordinance, which shall remain in effect. It is the legislative intent that this ordinance shall remain in effect notwithstanding the invalidity of any part or application of this ordinance.

Section 3. This ordinance shall take effect upon passage and pubication as provided by law.

Dated this 7th day of July, 1998.