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HomeMy WebLinkAbout5691ORDINANCE NO. 5 6 9 t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 10.52.030 OF THE AUBURN CITY CODE, REGARDING USE OF COMPRESSION BRAKES. WHEREAS, current provisions of the Auburn City Code provide for a limitation on the use of compression brakes on City streets; and WHEREAS, the provisions of the City Code currently include an exception for use in instances where the noise created thereby is effectively muffled; and WHEREAS, in order to effectively control traffic along certain City streets, and to address the safety needs thereof, it would also occasionally be appropriate to allow use of compression brakes on specific streets where deemed acceptable and consistent with traffic flows and transportation needs, as authorized by the City Engineer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 5691 September 11, 2002 Page 1 ORDINANCE NO. 5 6 9 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 10.52.030 OF THE AUBURN CITY CODE, REGARDING USE OF COMPRESSION BRAKES. WHEREAS, current provisions of the Auburn City Code provide for a limitation on the use of compression brakes on City streets; and WHEREAS, the provisions of the City Code currently include an exception for use in instances where the noise created thereby is effectively muffled; and WHEREAS, in order to effectively control traffic along certain City streets, and to address the safety needs thereof, it would also occasionally be appropriate to allow use of compression brakes on specific streets where deemed acceptable and consistent with traffic flows and transportation needs, as authorized by the City Engineer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 5691 September 11, 2002 Page 1 Section 1. Code Amendment. Section 10.52.030 of the Auburn City Code is amended to read as follows: 10.52.030 Prohibition - Exception. The use within the city limits of any motor vehicle brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or of any unit or part thereof is prohibited, provided that compression brakes may be used as follows: A. Where the noise created thereby is effectively muffled; or B. Where allowed or encouraged by traffic control signs on the following City roads: 1) Lake Tapps Parkway between East Valley Highway and Old Man Thomas Road East. Section 2. Constitutionality or Invalidity. If any section, subsection, clause, phrase, or sentence of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsections, clause, phase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase or sentence be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5691 September 11,2002 Page 2 Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: OCT - ? 2ooz OCT - ? ~ OCT - q 2002 PETER B. LEWIS MAYOR ATTEST: Dahielle Daskam City Clerk APPROVED AS TO FORM: City Attorney Published: Ordinance No. 5691 September 11,2002 Page 3