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• ORDINANCE 2009-62 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AMENDING CHAPTER 82, TRAFFIC AND VEHICLES, <br />OF THE CITY OF SAN MARCOS CODE OF ORDINANCES BY ADDING A <br />NEW SECTION TO DIVISION I OF ARTICLE 3, SPECIFIC STREET <br />REGULATIONS, PROHIBITING THE USE OF COMPRESSION RELEASE <br />BRAKES WITHIN THE CITY LIMITS; AND PROVIDING FOR PENALTIES. <br />RECITALS: <br />1. The noise emanating from commercial truck traffic is increasing and can be disturbing to <br />the peace and well-being of residents and businesses along roads and highways with commercial <br />truck traffic. <br />2. The use of compression release engine brakes, particularly those that are not properly and <br />sufficiently muffled, greatly increases the noise level of vehicular traffic and creates a <br />disturbance of the peace in the surrounding community. <br />3. The San Marcos City Council finds that the adoption of this ordinance serves to protect <br />the health, safety and welfare of the citizens of San Marcos by limiting the noise created by <br />motor vehicles using unmuffled compression release brakes within the City limits. <br />• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Chapter 82, Traffic and Vehicles amended by adding a new section to Article 3, <br />Specific Street Regulations, Division I, Generally: <br />Sec. 82.102. Unmuffled compression release engine brakes prohibited. <br />(a) It shall be unlawful for any person to activate or engage, or to have activated or engaged, <br />any compression release engine braking system in the city limits, unless such engine braking <br />system is connected to a lawful muffler which is adequate to and does prevent the emission of <br />noise which is louder than normal and lawful engine operating noise. Violation of this section <br />shall be punishable in addition to any violation of any other law, ordinance, or regulation <br />governing lawful muffler or sound-muffling systems. <br />(b) As used in this section, the term "compression release braking system" means any engine <br />retarding brake system which alters the normal compression of the engine, thereby converting <br />the engine into an air compressor for the purpose of braking a vehicle. <br />(c) Appropriate signs shall be posted at entrances to the city and at other locations determined <br />by the chief of police to be reasonable in order to give notice of the prohibition of the use of <br />• compression release engine brakes.