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38. Use of Compression Brakes

IDAHO COUNTY ORDINANCE NO. 38
AN ORDINANCE OF THE COUNTY OF IDAHO, STATE OF IDAHO, PROHIBITING THE USE OF COMPREHENSION BRAKES ON MOTOR VEHICLES ON CERTAIN PORTIONS OF PUBLIC ROADS IN UNINCORPORATED AREAS OF THE COUNTY; DESIGNATED PARTICULAR SECTIONS OF PUBLIC ROADS WHERE USE OF COMPREHENSION BRAKES ARE PROHIBITED; PROVIDING FOR PLACEMENTS OF SIGNS ON AFFECTED ROADWAYS; ESTABLISHING STANDARDS FOR ADVISORY SIGNS AND THEIR PLACEMENTS; PROVIDING DEFINITIONS; PROVIDING THAT VIOLATIONS OF THE ORDINANCE SHALL BE AN INFRACTION; PROVIDING FOR EFFECTIVE DATE OF THE ORDINANCE.
WHEREAS, the Board of Idaho County Commissioners are empowered by law to maintain, control and manage public roads in unincorporated areas of Idaho County pursuant to Idaho Code §31-805, and further are empowered to adopt ordinances to improve the peace and comfort of the county and the inhabitants thereof pursuant to Idaho Code § 31-714; and
WHEREAS, the Board of Idaho County Commissioners have found the use of compression break devices on motor vehicles, particular semi-tractors, on certain portions of public roadways in unincorporated areas of Idaho County adversely affects the peace and comfort of county inhabitants adjacent to said public roads,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, IDAHO COUNTY, STATE OF IDAHO:
Section 1:        USE OF COMPRESSION BRAKES PROHIBITED – DESIGNATED ROADS:
Use of compression brakes on motor vehicles shall be prohibited on the following public roads, or sections thereof, and Idaho County, State of Idaho, to wit:
A.        U. S. Highway 12, between milepost 96.6 and milepost 97.6.
B.         [Reserved].
Section 2:        PLACEMENT OF ADVISORY SIGNS:
A.        For any section of road designated in Section 1 of this Ordinance, the County shall cause signs to be placed to advise motor vehicle operators entering the designated section that use of compression brakes are prohibited within the designated section. Where any designated section is within the jurisdiction of any highway district or any other public highway agency, the County shall request and authorize said district or agency to place advisory signs.
B.         All such advisory signs shall i) comply with any applicable standards for highway signs as may be established by the State of Idaho, and ii) shall state that use of compression brakes are prohibited and the milepost designation for the affected section of the roadway. Proof that warning signs have been so placed and that said signs display the words “Use of Comprehension Breaks Prohibited – MP XX.X to MP XX.X”, or words a similar meaning, shall be prima facie evidence that this Section 2 has been complied with.
Section 3:        DEFINITIONS:
A.        The term “motor vehicle” in this ordinance shall mean all “vehicles” as defined under Title 49, Chapter 1 of the Idaho Code, as amended.
B.         The term “comprehension brakes” shall mean those certain mechanisms, systems or devices on a motor vehicle commonly known as comprehension brakes, exhaust brakes, engine break, or jack brakes, used to reduce the speed of motor vehicle.
 Section 4:        PENALTY:
Violation of this ordinance shall be an infraction, and subject to a fine of $53.00.
Section 5:        EFFECTIVE DATE:
This ordinance shall be effective upon passage and publication pursuant to Idaho Code § 31-715.35
DATED this 26 day of April, 1999.
IDAHO COUNTY BOARD OF
COMMISSIONERS
George Enneking, Chairman
Harry Owens, Commissioner
Lewis Ulmer, Commissioner
ATTEST:
Rose Gehring, Clerk

 

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