Granville Community Calendar

Ordinance 01-03

 AN ORDINANCE TO REMOVE THE PROHIBITION FROM USING AN
ENGINE OR EXHAUST BRAKE FROM THE CRIMINAL CODE, BY
REPEALING SECTION 509.09(a)(5) AND PLACING THE PROHIBITION
AND THE MISDEMEANOR CLASSIFICATION FOR VIOLATIONS OF THE
PROHIBITION IN THE TRAFFIC CODE OF THE CODIFIED
ORDINANCES, BY ENACTING SECTION 339.12.

    WHEREAS, the prohibition of using an engine or
exhaust brake is currently in Section 509.09(a)(5) of the
Codified Ordinances; the Disturbing the Peace ordinance,
classifying the offense as a misdemeanor of the third
degree and requiring a violator to appear in court; and

    WHEREAS, the typical violator of the prohibition
is a driver who does not live locally and frequently will
not be a resident of the State of Ohio, making a court
appearance most difficult and sometimes impossible; and

    WHEREAS, the process of charging a violator
criminally is significantly more difficult and time
consuming for police officers than issuing a traffic
citation, which encourages officers to warn violators as
opposed to charging them.

    NOW, THEREFORE, be it ordained by the Council of
Granville, Ohio, that:

Section    I:    Existing Section 509.09(a)(5) is hereby
repealed.

Section   II:    Section 339.12 is hereby enacted, to read
as follows:

339.12    Engine and Exhaust Brakes

No driver of a motor vehicle that is equipped with an
engine or exhaust brake, or other device that uses engine
compression to help slow the vehicle, shall use such
engine or exhaust brake or other device anywhere within
the corporate limits.  It is an affirmative defense to a
charge under this section that the driver was in an
emergency situation and the use of such brake or device
was necessary to avoid a collision or to keep the vehicle
under control.

Section III:    The penalty for violating the prohibition
of using such a brake or device shall follow the existing
penalty section for traffic offenses that do not specify a
misdemeanor classification; a minor misdemeanor on a first
offense, a fourth degree misdemeanor on a second offense
within twelve months, and a third degree misdemeanor on
third and subsequent offense within twelve months.

Section IV:    That this ordinance shall take effect and
be in full force from and after the earliest period
allowed by law.

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