Ordinance 15-32 Amendment to Use of Trademarked Term "Jake Brake" and Prohibt Improperly Muffled Engine Brakes

Summary

An Ordinance of the Homer City Council Amending Homer City Code 7.04.030, Traffic Fine Schedules, and Homer City Code 7.06.020, Use of Jake Brakes Prohibited, to Substitute a Generic Term for the Trademarked Term “Jake Brake,” and to Prohibit the Use of Improperly Muffled Engine Brakes. City Manager.

Ordinance/Resolution ID: 
15-32
Ordinance/Resolution Status: 
Adopted
Introduction Date: 
09/14/2015
Effective Date: 
09/29/2015
File Attachments: 
Public Hearing Date: 
09/28/2015
Second Reading Date: 
09/28/2015

Related Meetings

Details

CITY OF HOMER

HOMER, ALASKA

City Manager

ORDINANCE 15-32

 

AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE 7.04.030, TRAFFIC FINE SCHEDULES, AND HOMER CITY CODE 7.06.020, USE OF JAKE BRAKES PROHIBITED, TO SUBSTITUTE A GENERIC TERM FOR THE TRADEMARKED TERM “JAKE BRAKE,” AND TO PROHIBIT THE USE OF IMPROPERLY MUFFLED ENGINE BRAKES.

 

WHEREAS, Jacobs Vehicle Systems, Inc. has asked the City to cease use of its trademarked name “Jake Brake”; and

 

WHEREAS, It is appropriate to amend the Homer City Code to substitute a generic term for the trademarked name, and to prohibit the use of improperly muffled engine brakes.

 

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

 

Section 1. The entry for violation of Homer City Code 7.06.020 that appears in Homer City Code 7.04.030, Traffic fine schedules, is amended to read as follows:

 

7.06.020

Improperly muffled engine brake use prohibited

First violation $100.00;

Second violation within 6 months of first conviction $200.00 plus proof of satisfactory Homer PD commercial vehicle inspection;

Third violation within 6 months of any prior conviction $300.00 plus proof of satisfactory Homer PD commercial vehicle inspection

 

Section 2. Homer City Code 7.06.020, Use of jake brakes prohibited—Exceptions, is amended to read as follows:

 

7.06.020 Use of improperly muffled engine brakes prohibited.

a. No person may use engine brakes while operating a motor vehicle within the City, unless the vehicle is equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation, with no cutout, bypass, or similar device. For the purpose of this section, the term “engine brake” means a hydraulic engine attachment which converts a diesel engine into an air compressor and when engaged operates to slow the vehicle.

b. The police chief shall adopt procedures for the provision of commercial vehicle inspections for repeat violators.

 

Section 3.  This Ordinance is of a permanent and general character and shall be included in the City Code.

 

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 28th day of September, 2015.

 

CITY OF HOMER

 

______________________
FRANCIE ROBERTS,

MAYOR PRO TEMPORE

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

 

Reviewed and approved as to form:

 

                                                                                                                                                                                                  
Mary K. Koester, City Manager                                                          Thomas F. Klinkner, City Attorney

 

Date: _________________________                                              Date: _________________________