HomeMy WebLinkAboutOrdinance 5132 ORDINANCE NO, 5132
AN ORDINANCE TO AMEND CHAPTER 96: NOISE
CONTROL OF THE CODE OF FAYETTEVILLE TO ENACT
§ 96.09 TO RESTRICT THE USE OF A COMPRESSION
RELEASE ENGINE BRAKE ALSO KNOWN AS "JAKE
BRAKE"
WHEREAS, the use of compression release engine brakes, also known as "jake brakes"
within the city limits disturbs citizens and constitutes a nuisance and noise disturbance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 96: Noise Control of the Code of Fayetteville by enacting and adding a new section as
shown below:
§ 96.09 Compression Release Engine Brake or 'Jake Brake '.
(A) A compression release engine brake, 'Jake brake' or other hydraulically
operated device that converts a power producing diesel or gas engine into
a power absorbing retarding mechanism with a correspondingly increased
amount of noise emission shall not be engaged or used within the city
limits of Fayetteville except in the case of failure of the service brake
system, adverse weather conditions, or other emergency necessitating the
compression release engine brake's use.
(B) Fire trucks are exempted from the requirements of this section. RktjTR
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PASSED and APPROVED this 150' day of April, 2008. E� • �;
; FAYETTEVILLE '
APPROVED: ATTEST: SPS:
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By: By: 0� �
DAN COODY, Mayor SON 12A E. SMITH, City Clerk/Treasurer
ALDERMAN AGENDA REQUEST
5 / 32-
. �
FOR: COUNCIL MEETING OF APRIL 15, 2008 �� pl
FROM:
ALDERMAN BRENDA THIEL and ALDERMAN ADELLA GRAY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND CHAPTER 96: NOISE CONTROL OF THE CODE OF
FAYETTEVILLE TO ENACT §96.09 TO RESTRICT THE USE OF A COMPRESSION RELEASE
ENGINE BRAKE ALSO KNOWN AS "JAKE BRAKE"
APPROVED FOR AGENDA:
�y D �
Brenda Thiel Data
Alderman
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q( �3 - IZ -
oB
Kit ' yams Date
City Attorney (as to form)
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 96: NOISE CONTROL
OF THE CODE OF FAYETTEVILLE TO ENACT §96.09 TO RESTRICT
THE USE OF A COMPRESSION RELEASE ENGINE BRAKE ALSO
KNOWN AS "JAKE BRAKE"
WHEREAS, the use of compression release engine brakes, also known as "fake brakes"
within the city limits disturbs citizens and constitutes a nuisance and noise disturbance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 96: Noise Control of the Code of Fayetteville by enacting and adding a new section as
shown below:
"96.09 Compression Release Engine Brake or 'Jake Brake '.
(A) "A compression release engine brake, 'jake brake' or other
hydraulically operated device that converts a power producing
diesel or gas engine into a power absorbing retarding mechanism
with a correspondingly increased amount of noise emission shall
not be engaged or used within the city limits of Fayetteville
except in the case of failure of the service brake system, adverse
weather conditions, or other emergency necessitating the
compression release engine brake's use.
(B) "Fire trucks are exempted from the requirements of this section. "
PASSED and APPROVED this 15`h day of April, 2008.
APPROVED: ATTEST:
By: By:
DAN GOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Alderman Brenda Thiel
Alderman Adella Gray
FROM: Kit Williams, City Attorney
DATE: March 12, 2008
RE: "Jake Brake" ordinance
Attached is the updated and slightly amended version of "fake brake"
prohibition ordinance for your consideration and approval . Please let me
know if this meets with your approval. The original will be in Judy's
possession when you wish to sign -the Agenda Request form.
(4. 18.08) Clarice Pearman - Ord. 5132Page 1
From: Clarice Pearman
To: Gray, Adella; Thiel, Brenda
Date: 4. 18.08 3:51 PM
Subject: Ord. 5132
Attachments: 5132 Amend Chapter 96 Noise Control.pdf
CC: Audit
Aldermen Thiel & Gray:
Attached is a copy of the above ordinance passed by Council, April 15, 2008. Please let me know if there is anything else
needed for this item. Have a good weekend.
Thanks.
Clarice
RECEIVED
MAY 0 2 2008
CITY ITOF
CLERKS OF ICE
Arkansas Democrat 5aZette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville — Ordinance 5132
April 23, 2008
Publication Charge : $ 63 . 30
Subscribed and sworn to before me SHA. ,
This ,Zday of % - 2008. eGOMM.'FQP00
a (ARY'
log • h
Notary Public _ Q � ` . PUB0
C'�bN Ca
My Commission Expires : ] G a0 � z
Do not pay from Affidavit, an Invoice will be sent
RECEIVED
MAY 0 2 2008
CITY OF FAYETTty� '
CITY CLERKS OFF7CS�
DRDIii: NQE NO. 67 i2
AN ORDINANCE TO AMEND CHAPTER 98; NOISE
ENACT §CONTROL OF THE CODE OF EVLLE
TO
M-
ENACT § 98.09TORESTPICTTHE115EOFAALS-
PRESSION RELEASE ENGINE BRAKE ALSO ARKANSAS
KNOWN AS 'JAKE BRAKE'
i, WHEREAS, the use at compression release engine
brakes, also known as 'lake brakes' within the city limits disturbs citizens end constitutes; a nuisance
and noise disturbance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILM ARKANSAS: amends Chapter 98:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
by enacting and adding a new section as shown bab
Nolw COMroI of the Coda of Fayetteville
.§ 9&09 Compression Release Engine Brake or 'Jake Brake'.
(A) A compression release engine brake' 'lake brake' or other hydraulically operated device Nat
converts a power producing diesel or gas engine into a power absorbing retarding mechanism with
a averts a power roducingincreaseamoum of rwisa emission shall not be engaged or used within the cly
limits of Fayettemlle except in the cos¢ of failure of the ss release engbrake ine bmke9 umsa weather carF
druess, or other emergency necessitating the comp
(B) Fire trucks are exempted from the requirements of this section.'
PASSED And APPROVED this ISM day of April, 2008.
APPROVED'. ATTEST:
By: By.
DAN COODV, W Ws 80NDRA C SYITM, CNV ClwtlTwAFun�