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Home My WebLink AboutOrdinance 5228 ORDINANCE NO. 5228 AN ORDINANCE AMENDING §96.09: COMPRESSION RELEASE ENGINE BRAKE, OF THE FAYETTEVILLE CODE OF ORDINANCES TO GRANT AN EXEMPTION TO CERTAIN MUNICIPAL VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That §96.09 of the Fayetteville Code of Ordinances is hereby repealed, and the following language is inserted in its stead: §96.09 Compression Release Engine Brake. (A) A compression release engine 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, and those municipal vehicles equipped with the Quiet Brake and Silent Partner System are exempted from the requirements of this section. Eq°.a SG PASSED and APPROVED this 17th day of March, 2009. FAYETTEVILLE: APPROVED: ATTEST: sem° tel: 9�kANSP°J�.d °°df6d CT 014 d��dl�8E6�� Sg By: By: dTD O , Mayor SONWU E. SMITH, City Cler reasurer Arkawas iLemocrat IF Omzefte .- . . . R - RECEIVED Northwest Arkansas Times APR 4 1 2009 Benton Count Dail Record C!CYOFFAYSOFFI E Y Y clPr Gt.ERIC'S OFFICE 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 Beaton 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 5228 March 25, 2009 Publication Charge : $59.18 Signed: W lt'A -- Subscribed and sworn to before me This 3/ day of )' Ja�d, 2009. Notary Public My Commission Expires: b , Do not pay from Affidavit, an invoice will be sent 411iAM.F fir. aTAR 7. pU ry. ' � �N GO'P� FRECEIVED .0 1 2009 CITY OF FAY CITY CLERK'S OFFICE ORDINANCE NO.5228 AN ORDINANCE AMENDING§96.09: COMPRES- SION RELEASE ENGINE BRAKE,OF.THE FAYETTEVILL - EXEMPE CODE OF ORDTHIN M NiCI L CHANT ANFayetl EXEMPTION TO CERTAIN MIJNlCIPAL VEHICLESBE IT ORDAINED BY THE CITY COUNCI!OF THE CITY OF FAYETTEVILLE, NSAS ARKANSAS: .Section 1.That§96.09 of the Fayetteville Cade of Ordinances is hereby repeated,and the following language is inserted in its stead: - §96.09 Compression Release Engine Brake. (A) A cempPession release engine brake,or other hydraulically operated device that converts a power producing diesel or gas engine into a power absorbing retarding mechanism with a corre- spondingly increased ameunt of noise emission shall not be engaged or used within the city Iimits 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,and those municipal vehicles equipped with the Quiet Brake and Silent Partngr System are exempted from the requirements of this section. PASSED and APPROVED this 17th day of March,2009. - APPROVED: - ATTEST- By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer 00 STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION 3/1-7-101 AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dennis Pratt/Barbara Olsen Fleet Management Operations Name Division Department An Ordinance Amending §96.09: Compression Release Engine Brake Or "Jake Brake", Of The Fayetteville Code Of Ordinances To Grant An Exemption To Certain Municipal Vehicles. SUMMARY EXPLANATION: City Equipment, when equipped with the above system, meets the requirements of the noise ordinance. STAFF RECOM.+sENDA �5J4� Received in Meyor,s office ion Head Date Date Z�z6 09 K� Gity A tar nt_y Date E� 00, r'J Cross Reference: �� r ment Director D to Previous Ord/Res#: �• Z- �7-09_ Fin ce & Int na Services Dir. Date Orig. Contract Date: Dg Orig. Contract Number: jrministra=OfficerADe New Item: Yes No Date FLEET OPERATIONS "T 1525 S. Happy Hollow Road Fayetteville, AR 72701 s ARKANSAS (479)444-3495 FAX(479)444-3425 An Interdepartmental Correspondence TO: MAYOR/CITY COUNCIL FROM: DENNIS PRATT, FLEET SUPERINTENDENT Date: February 25, 2009 SUBJECT: NOISE ORDINANCE Fleet Management is requesting an exception to section 96.09-A of the Noise Ordinance. Fleet is requesting that the wording in section B be changed to read Fire Trucks and Municipal Vehicles with the Quiet Brake, Silent Partner Exhaust System are exempted from the requirements of this section. The Quiet Brake system has been checked by the City of Fayetteville Police and the level of noise is well within the noise requirements of the ordinance. The Fleet Management Division is looking at all possible ways to lower initial cost, vehicle weight, and vehicle emissions and raise fuel economies. This one change will allow a 6001b weight reduction and 4,500 dollar cost savings per vehicle. ORDINANCE NO. AN ORDINANCE AMENDING §96.09: COMPRESSION RELEASE ENGINE BRAKE, OF THE FAYETTEVILLE CODE OF ORDINANCES TO GRANT AN EXEMPTION TO CERTAIN MUNICIPAL VEHICLES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That §96.09 of the Fayetteville Code of Ordinances is hereby repealed, and the following language is inserted in its stead: 96.09 Compression Release Engine Brake. (A) A compression release engine 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, and those municipal vehicles equipped with the Quiet Brake and Silent Partner System are exempted from the requirements of this section. PASSED and APPROVED this 170'day of March, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SN HTH,City Clerk/Treasurer