HomeMy WebLinkAboutOrdinance 20235-06-2012ORDINANCE NO. 20235 -06 -2012
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF
THE CITY OF FORT WORTH, AS AMENDED, BY ADDING
SECTION 22 -324 PROHIBITING ENGINE BRAKING IN THE
CITY LIMITS; PROVIDING A PENALTY FOR VIOLATION;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Fort Worth ( "City Council ") seeks to
protect the public safety, preserve the quality of life, and prevent nuisances in the City;
and
WHEREAS, the City Council finds that the practice of engine braking by diesel
trucks (sometimes referred to in common nomenclature as 'fake braking" but which must
not be confused with the registered trademark "Jake Brake" belonging to the Jacobs
Vehicle Systems, Inc.) creates disturbing, unreasonable and offensive noise when it
occurs within the city limits; and
WHEREAS, pursuant to Texas Local Government Code Chapter 51, the City
Council has the general authority to adopt and publish an ordinance or police regulation
that is for the good government, peace or order of the municipality and is necessary or
proper for the carrying out of a power granted by law to the municipality; and
WHEREAS, it is advisable to amend Chapter 22 of the Fort Worth Code of
Ordinances to add new regulations regarding engine braking; and
WHEREAS, the City Council finds this Ordinance to be reasonable and
necessary.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS:
SECTION 1.
That Chapter 22 of the Code of the City of Fort Worth is hereby amended herein
by adding Section 22 -324 "Engine Braking" to Article X, Equipment, to read as follows:
See. 22 -324. - Engine Braking.
(a) Engine- exhaust braking prohibited. No person may use an engine- exhaust braking
system while operating a motor vehicle within the corporate limits of the City of Fort
Worth. For the purpose of this section, the term engine- exhaust braking system means an
engine- exhaust braking system device which converts diesel - engine power into an air
Ordinance No. 20235 -06-2012
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compressor and when engaged operates to slow the vehicle, creating an unreasonable
noise.
(b) Offense. It shall be unlawful and an offense for any person to violate or fail to
comply with any provisions hereof. Any person violating any provision of this ordinance
shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00).
Each day that a provision of this ordinance is violated shall constitute a separate offense.
An offense under this ordinance is a misdemeanor.
SECTION 2.
That Chapter 22 of the Code of the City of Fort Worth, as amended, shall remain
in full force and effect, save and except as amended by this ordinance.
SECTION 3.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
That the City Secretary of the City of Fort Worth, Texas, is hereby directed to
publish the caption and penalty provision, found in Sec. 1 [Sec. 22- 324(b)], of this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by City Charter and Section 52.013, Texas Local Government Code.
SECTION 5.
That this ordinance shall take effect after its passage and publication as required
by law, and it is accordingly so ordained.
APPROVED AS TO FORM AND LEGALITY:
Assi nt City ttorney
ADOPTED: June 5, 2012
EFFECTIVE: nL
Ordinance No. 20235 -06 -201 _'
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 615/2012 - Ordinance No. 20235 »06 -2012
DATE: Tuesday, June 05, 2012 REFERENCE NO.: G -17604
LOG NAME: 20ENGINE BRAKING ORDINANCE
SUBJECT:
Adopt Ordinance Amending Chapter 22 of the Code of the City of Fort Worth, as Amended, by Adding
Section 22 -324 Prohibiting Engine Braking in the City Limits (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 22 of the Code
of the City of Fort Worth, as amended, by adding Section 22 -324 prohibiting engine braking in the City
limits.
DISCUSSION:
In recent years, semi -truck engine braking has become an increasing problem for residents of the City of
Fort Worth. The noise produced by these diesel engines has become a nuisance to the City's residents,
and inevitably it has affected the peace and quiet enjoyment of their homes. Generally, engine braking,
means an engine exhaust braking system device which converts diesel engine power into an air
compressor and when engaged operates to slow the vehicle, creating an unreasonable noise. By way of
comparison, it sounds similar to a jackhammer, however the loudness is between 10 and 20 times the
sound pressure level of a jackhammer.
Many cities in Texas have banned engine braking through city ordinance. These cities include Austin,
Dallas, Roanoke, Aurora, Boyd, Decatur, Alvord, Alvarado, Keene, Cleburne, Burleson, Grandview,
Haslet, Lakeside, Marble Falls, Burnett, Elgin, Redwater, Littlefield, Lake Jacksonville and West Columbia.
Staff discussed the proposed ordinance with several industry leading trucking firms. They include Old
Dominion Freight, First Choice Transport, Coffman Tank Trucks Inc., YRC (Yellow Freight and Roadway)
and Empire Disposal. The only opposition came from Empire Disposal. They stated the engine brake on
their new trucks does not make the noise of other trucks.
If the ordinance is adopted, all police officers will be able to write citations for engine braking. Under the
noise ordinance, it was recommended that only certified commercial vehicle officers issue citations for
engine braking because they are qualified to explain to a court the technology.
The Texas Department of Transportation has agreed to post signs prohibiting engine braking. Locations
are still to be determined.
Adoption of this ordinance will prohibit engine braking within the corporate limits of the City of Fort Worth,
by making such conduct unlawful. The violation will be a misdemeanor, and upon conviction a fine of up
to $500.00 will be assessed. Signs notifying motorists of this violation will be posted in problem areas
throughout the City, as well as along portions of the interstate.
Logname: 20ENGINE BRAKING ORDINANCE Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fun d/Accou nt/C enters
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: 20ENGINE BRAKING ORDINANCE
FROM Fund /Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Randy Burkett (8712)
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