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• <br /> • <br /> • <br /> 1 ORDINANCE NO. 1728-90 <br /> 2 <br /> AN ORDINANCE relating to the use of compression brakes (jake <br /> 3 brakes) , adding a new section to Ordinance No. 459-77 <br /> (Model Traffic Ordinance - EMC Chapter 46.36) . <br /> 4 <br /> 5 <br /> WHEREAS, the City of Everett finds that prohibiting the use of <br /> 6 <br /> compression brakes will reduce unnecessary noise in the City; and <br /> 7 <br /> WHEREAS, the City of Everett finds that this ordinance is in the <br /> 8 <br /> interest of the public health, safety and welfare; <br /> 9 <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 10 <br /> Section 1 : NEW SECTION ADDED. <br /> 11 <br /> A new section is hereby added to Ordinance No. 459-77, to read as <br /> 12 <br /> follows: <br /> 13 <br /> 14 Compression Brakes Prohibited. <br /> 15 A. Except as provided in this section, no person shall use <br /> motor vehicle brakes which are in any way activated or <br /> 16 operated by the compression of the engine of any such motor <br /> vehicle or any unit or part thereof. It shall be an <br /> 17 affirmative defense that said compression brakes were <br /> applied in an emergency and were necessary for the <br /> 18 protection of persons and/or property. <br /> 19 B. This section shall not apply to any member of the Everett <br /> Fire Department operating an Everett Fire Department <br /> 20 vehicle, nor to any person operating any public conveyance <br /> within the city limits. <br /> 21 <br /> C. Violation of any the provisions of this section shall be a <br /> 22 misdemeanor. <br /> 23 1 . Every person who is convicted of a violation of this <br /> section shall be punished by a fine not less than one <br /> 24 hundred dollars ($100) nor more than one thousand <br /> dollars ($1 ,000) . Unless the judge finds the person <br /> 25 to be indigent, one hundred dollars ($100) of the <br /> fine shall not be suspended or deferred. <br /> 26 <br /> 2. On a second conviction for a violation of this <br /> 27 section within a five-year period a person shall be <br /> punished by a fine not less than five hundred ($500) <br /> 28 nor more than one thousand dollars ($1 ,000) . Unless <br /> the judge finds the person to be indigent, five <br /> 29 hundred dollars ($500) of the fine shall not be <br /> suspended or deferred. <br /> 30 <br /> 3. On a third or subsequent conviction for a violation <br /> 31 of this section within a five-year period a person <br /> shall be punished by a fine of one thousand dollars <br /> 32 ($1 ,000) . Unless the judge find the person to be <br /> indigent, the fine shall not be suspended or deferred. <br />