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HomeMy WebLinkAbout710_Part 15_Vehicle Brakes_Excessive Unusual Noise_Jake BrakeTulsa County Clerk - EARLENE WILSON Doc # 02084260 Pgs 1 B/P 6778/0584-0584 Receipt # 593377 07/08/02 000593377006 Fee 13.00 CITY OF OWASSO ORDINANCE NUMBER 710 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, SECTINO 15-304, MUFFLERS: MODIFICATIONS PROHIBITED, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ADDING THERETO PROVISIONS REGARDING VEHICLE BRAKES WHICH CREATE AN EXCESSIVE OR UNUSUAL NOISE, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO OKLAHOMA, TO-WIT: Section One: That Part 15 — Traffic and Vehicles, Chapter 3 Vehicle Equipment, Section 15-304 Mufflers: Modifications Prohibited of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to provide as follows, to-wit: A. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a street. No person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed o nthe vehicle. B. It shall be unlawful to operate or use a Jacobs Engine Brake, or other exhaust or engine device without a muffler or with a malfunctional muffler, as braking power or to slow down a vehicle's rate of speed in the City of Owasso, Oklahoma, except in emergencies. For the purpose of this sub-section, a Jacobs Engine Brake is a hydraulic-electric engine attachment that converts a diesel engine into an air compressor by changing engine exhaust valve operation. Section Two: The provisions of this ordinance shall become effective thirty (3 )0) days from the date of first publication as provided by law. Boutwell, City Clerk PASSED AND APPROVED this 21st day of May, 2002. APPROVED AS TO FORM: Ronald D Cates, City Attorney By: Randall C Brogdon, Mayor APPROVED AS TO FORM: /s/ Ronald D. Cates Ronald D. Cates, City Attorney ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk CITY OF OWASSO, OKLAHOMA /s/ Randall C. Broodon Randall C. Brogdon, Mayor Mfidavit Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with aH other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the foHowing dates: Subscribed and sworn to before me this 31st My Commission expires: PUBLISHER'S FEE $ 84.15 AN ORDINANCE RELAT- ING TO PART 15, TRAF- FIC AND VEHICLES, SECTION 15-304, MUF- FLERS: MODIFICATIONS PROHIBITED, OF THE CODE OF ORDINANCES OF THE CITY OF OWAS- SO, OKLAHOMA, AMENDING SAME BY ADDING THERETO PRO- VISIONS REGARDING VEHICLE BRAKES WHICH CREATE AN EXCESSIVE OR UNUSU- AL NOISE, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO-WIT: Section One: That Part 15 - Traffic and Vehicles, Chapter 3 Vehicle Equipment, Section 15- 304 Mufflers: Modifications Pro- hibited of the Code of Ordi- nances of the City of Owasso, Okiahoma, is hereby amended to provide as follows, to-wit: A. Every motor vehicle shall at all times be equipped with a muffler in goad working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle an a street. No person shall modify the exhaust system of a motor vehicle in my man- ner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler origi- nally installed an the vehicle. B. It shall be unlawfui to oper- ate or one a Jacobs Engine Brake, or other exhaust or engine device without a muf- fler or with a malfunctional muffler, a braking power or to slow down a vehicle's rate of speed in the City of Owasso, Oklahoma, except in emer- g8ocies. For the purpose of this sub- section, a Jacobs Engine Brake is a hydraulic-electric engine attachment the con- verts a diesel engine into an air compressor by changing engine exhaust valve opera- tion. Section Two: The provisions of this ordinance shall became effective thirty (30) days from the date of first publication as provided by law. PASSED AND APPROVED this 21 st day of May, 2002. CITY OF OWASSO OKLAHOMA ORDINANCE NUMBER 710 Published in the Owasso Reporter Owasso, Tulsa County, Oklahoma, May 30, 2002. MEMORANDUM TO: THE HONORABLE MAYOR CITY COUNCIL CITY OF OWASSO FROM: JIM GREENE CHIEF OF POLICE SUBJECT: ORDINANCE NO. 710 RELATING TO VEHICLE BRAKES DATE: May 9, 2002 BACKGROUND: Recently, Owasso citizens have been complaining to the police department and the Office of the City Manager about the extremely loud noises that large trucks are emitting when they are braking. Many large trucks are equipped with a mechanical device commonly known as a "Jake Brake ". The Jacobs Engine Brake is a device that mounts on the engine overhead. The device changes the action of the truck's exhaust valves, turning the engine into a giant air compressor. When the truck driver is downshifting in order to slow and brakes the vehicle, the Jake Brake assists in the process. The problem is that once the engine is reversing its compression power, the truck emits a very loud sound. Councilor Cochran has experience with this method of braking, and he has requested that the staff review city ordinances and, if necessary, develop an ordinance prohibiting "umnuffled Jake Brakes ". Pursuant to that request, the staff has developed an "enforceable" ordinance relating to the use of immuffled trucks utilizing Jake Brakes (see attached). While the addition of a Jake Brake is very helpful in slowing a vehicle, the exhaust must be properly muffled. In trucks that have mufflers in good condition and are properly functioning, there is no problem with noise. In trucks that are operating with either defective mufflers or are running "straight pipes ", the noise can be extremely loud, hence the complaints. Anti -Jake Brake ordinances are commonly found in cities with hilly or mountainous terrain, as the truckers are always downshifting in order to slow down or stop. Staff researched some of these ordinances and found one in the City of Branson, Missouri that properly addresses this problem. It is not the intent of this legislation to outlaw or prohibit the use of the Jacobs Engine Brake, as it definitely helps a truck stop much more quickly than the truck's regular brakes do. Without the use of a Jake Brake, the truck will need many more feet in order to come to a stop. The device reduces the danger involved by allowing a truck to stop more quickly in the event of an unexpected emergency. ORDINANCE #710 — JAKE BRAKES MAY 9, 2002 PAGE The recommended solution to the noise problem is to ensure that a truck equipped with this device has a muffler in good working condition. While the City of Owasso does have "vehicle equipment' and "noise" ordinances already on the books, it does not have an ordinance that is specific to this problem. To address that specific issue, the staff has developed an ordinance that models the Branson, Missouri ordinance. This ordinance, if approved, will amend Part 15 Traffic and Vehicles, Chapter 3 Vehicle Equipment, of the Code of Ordinances of the City of Owasso, Oklahoma, by adding provisions regarding vehicle brakes which create an excessive or unusual noise (Jacobs Engine Brake or other exhaust or engine device without a muffler or with a malfunctioning muffler). RECOMMENDATION: The staff recommends City Council approval of Ordinance #710, amending Part 15, Chapter 3, of the City of Owasso Code of Ordinances, relating to the use of a Jacob Engine Brake or other exhaust engine device without a muffler or with a malfunctioning muffler. ATTACHMENTS: 1. Ordinance #710 2. Traffic Literature addressing the use of Jake Brakes from the State of Maine COMMUNITY SERVICES DIVISION Maine Local Roads Center TRAFFIC ISSUES "Jake Brakes" Page 1 of 4 1. What they are and can -a town control the truck engine noise? 2. What is a Jake Brake? 3. What are the benefits of using a Ili ake brake "? 4. Can our town pass an ordinance to "control" the noise? 5. What is the real problem? 6. What can a town do? 7. The MDOT response 1. What they are and can a town control the truck engine noise? Many towns around Maine have started erecting "No Jake Brake" signs (or something similar) in hopes of "controlling" the engine noise from downshifting trucks. Many residents are conscious of the noise and want the town "to do something" about the noise. Depending on your town and the cooperation of truckers, the results may be positive or they may be negligible. 2. What is a Jake Brake? "Jake Brake ®" is a registered trademark of Jacobs Vehicle Systems. The term "Jake Brake" is sometimes incorrectly used to refer to compression release type engine brakes in general. The term correct refers to all of Jacobs Vehicle Systems retarding products, including their line of Exhaust Brakes and Driveline Brakes....... as well as Jacobs Engine Brakes. http: / /www. state .me.us / mdot/planning /csd/jakebrakc.htm 5/8/2002 jakebrake Page 2 of 4 The Jacobs Engine Brake is a device that mounts on the engine overhead. The principle behind the Jacobs Engine Brake engine retarder is simple. It changes the action of the exhaust valves, turning the engine into a giant air compressor. It makes a distinctive sound while in operation, and converts a power - producing diesel engine into a power- absorbing retarding mechanism. It is typically used on class 7 and 8 vehicles and can be activated or deactivated at the flip of a switch or foot on the pedal. Further details can be seen on the company's website: www.jakebrake.com When operating, it produces a distinctive staccato sound. When used on a vehicle with a poorly muffled or un- muffled exhaust (straight pipes for example), the sound can be quite loud..... which is what citizens will complain about. According to the Jacobs Company, the real problem here is the illegally modified or defective exhaust systems. The signs around Maine are probably unfairly using the company trademark, because they are brand - specific. The term "Jake Brake" also refers to the company's nearly silent exhaust brakes and driveline brakes, so these signs don't make sense for all Jake Brakes..... and don't target the root problem of illegal exhaust systems. Therefore, any signor ordinance should avoid use of the term "jake brake ". ; 3. What are the benefits of using a "fake brake "? A "jake brake" can provide: . Faster, steadier, more efficient braking performance. . Reduced wear on engine, tires, and service brakes. • Lower vehicle maintenance costs. . Less vehicle downtime. . Enhanced driver confidence. 4. Can our town pass an ordinance to "control" the noise? First of all, erecting a sign or two without an ordinance has no legal authority. As with any regulatory traffic issue, a traffic ordinance must be in place to "enforce" the actual signs, or the sign is advisory only. Enacting a traffic ordinance to deal with "jake brakes" under 30 -A § 3009 may seem like a kind and responsive reaction to engine noise, but is safety of the public being compromised ?? Engine brakes are very effective at reducing the speed of heavy trucks on a downgrade, but what if the trucker had to stop quickly for a child or elderly person or an entering vehicle, and only use his regular brakes ?? In most cases, the stopping distance will be longer without the engine braking system and this could lead to disaster at the bottom of the hill. At best, the success of an ordinance will probably be voluntary compliance from http://www.state.me.us/mdot/planning/csd/jakebrake.htm 5/8/2002 jakebrake Page 3 of 4 truckers. Some truckers may be sensitive to their truck noise and will try to reduce the noise, while others may intentionally try to make it worse, especially if a "squeaky wheel" citizen is emphatic about the noise problem. If a town passes a specific "jake brake ordinance ", is the "No Jake Brake" sign or "Quiet Zone" sign a black lettering -on -white regulatory type sign.... or is it (wrongly) on a black -on- yellow warning sign ?? If the local police get into the action of enforcement, are they going to check the actual engine braking system installed on each truck, or have a decibel meter to measure the noise level? What if the trucker says he had to stop quickly for a pedestrian? Or the car in front of him stopped quickly? 5. What is the real problem? The federal government has required all vehicles manufactured since 1978 to meet noise requirements when delivered to the customer. Today, trucks are required to emit less than 80 dBa of noise when they drive by, as measured at 50 feet. So trucks have been required to meet noise requirements when they leave the dealership as new vehicles for quite some time. In many "noisy truck" areas, the real problem is modified or defective exhaust systems. There is a good chance that the noisy trucks are running with straight stacks or gutted mufflers. Some are poorly maintained vehicles, while others have drivers who simply enjoy making noise. In any case, the use of the engine brake may not be.the problem. The real problem in this noise issue is the illegal exhaust systems in many trucks. At other times, it may be the engine braking system, which is being used by the driver who has not tried to slow down in advance of a hill or traffic signal. The regulations on vehicle noise relating to engine /muffler systems need to be enforced. Otherwise, a town would be fining for using engine brakes (sometimes being used justifiably) and not fining for the illegal muffler system. 6. What can a town do? Most states, including Maine, already have a law on the books that prohibits operating a motor vehicle on a public highway without a serviceable muffler (MRSA 29 -A§ 1912). The real noise offenders, those with straight stacks or gutted mufflers, are operating in violation of this law. Have your local police stop noisy vehicles and check them for muffler integrity. Cite those that are not in compliance. This is a fairly easy step that should produce a noticeable improvement in the quality of life of your community. If the town decides to enact a traffic ordinance under 30 -A § 3009, it probably is best to hope for voluntary compliance; but who will do the enforcement? Another ordinance without enforcement possibilities is relatively useless. Be sure to use the white -on -black signs and try to avoid the term "Jake brake ".... maybe use "quiet zone ahead", or "reduce engine noise ahead ". If a town does not adopt an ordinance and simply puts up a sign or two, the signs have no legal authority or enforceability. 7. The MDOT response The MDOT will not erect these signs on state roads. The only way that a sign will appear http://www.state.me.us/mdot/planning/esd/jakebrake.htm 5/8/2002 jakebrake Page 4 of 4 is if a town officially adopts an ordinance and erects the signs themselves. Then the town will be responsible for enforcement, sign maintenance, or any liability issues. Reviewed and edited by MMA Legal Division (October, 2000) Maine Local Roads Center, Traffic Issues hftp://www.state.me.us/mdot/planning/csd/jakebrake.htm 5/8/2002