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<br />CITY OF NORTH OLMSTED <br />ORDINANCE N0.2009 - 97 <br />BY: Council Members Dailey Jones and Orlowski <br />~... <br />AN ORDINANCE AMENDING SECTION 337.20 OF THE TRAFFIC <br />CODE TO PROHIBIT UNREASONABLE NOISE CAUSED BY THE <br />OPERATION OF JAKE BRAKES, AND FURTHER REQUESTING <br />THAT THE OHIO DEPARTMENT OF TRANSPORTATION POST <br />SIGNS ON INTERSTATE-480 Ili' NORTH OLMSTED STATING <br />"EXCESSIVE ENGINE BRAKING NOISE PROHIBITED. " <br />WHEREAS, the excessive and unnecessary use of engine brakes, commonly <br />referred to as "fake brakes," in the deceleration of trucks and other motor vehicles on <br />interstate and state highways creates unreasonable noise that often disturbs the peace and <br />quiet of residential neighborhoods in the City of North Olmsted; and <br />WHEREAS, Section 202.20 of Title 40 of the Code of Federal Regulations <br />establishes noise limits for motor carriers accelerating and decelerating motor vehicles on <br />highways; and <br />WHEREAS, Section 4917 of Title 42 of the United States Code preserves the <br />right of States and their political subdivisions to adopt and enforce noise regulations <br />applicable to motor carriers on highways within their territorial limits consistent with the <br />limits set in 40 C.F.R. § 202.20; and <br />WHEREAS, it is the desire of this Council, based upon the foregoing, to amend <br />Section 337.20 of the City's Traffic Code in order to regulate excessive noise from engine <br />braking in the City in North Olmsted in a manner that is consistent with federal law; and <br />WHEREAS, this Council further desires that, upon the passage of this Ordinance, <br />the Director of Public Service communicate with the Director of the Ohio Department of <br />Transportation requesting the posting of signs on Interstate-480 in the City of North <br />Olmsted at appropriate locations stating "Excessive Engine Braking Noise Prohibited;" <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY <br />OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Section 337.20 of the Traffic Code of the City of North <br />Olmsted which presently reads as follows: <br />337.20 MUFFLER; MUFFLER CUTOUT; EXCESSIVE SM~.'JKE, VAS <br />OR NOISE. <br />(a) Every motor vehicle and motorcycle with an internal combustion engine <br />shall at all times be equipped with a muffler which is in good working order and m <br />