Woodbury County Board of Supervisors, Ordinance No. 48 (Jake Brakes)

Woodbury County Board of Supervisors
ORDINANCE NO. 48
AN ORDINANCE ESTABLISHING AREAS
PROHIBITING THE USE OF COMPRESSION BRAKES
OR BRAKING, ALSO KNOW AS “JAKE BRAKES”
WITHIN WOODBURY COUNTY, IOWA

(This ordinance repeals and replaces Ordinance Numbers 14 and 20.)
Be It Enacted by the Woodbury County Board of Supervisors, Woodbury County, Iowa:
SECTION 1.  PROHIBITION AND PENALTY
A. Engine Brakes and Compression Brakes.  It is unlawful for the driver of any vehicle to use or operate within the area described in Section B any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual or explosive noise from such vehicle, except in the case of an emergency.

B. The prohibition above described shall be in effect for the following described roads and highways within Woodbury County, Iowa:
1.  U.S. Highway 20 beginning one half mile east of the intersection of U.S Highway 20 and Emmett Avenue and continuing to the intersection of U.S. Highway 20 and Eastland Avenue. This restriction shall apply to both westbound traffic and eastbound traffic in the designated area.

2.  County Route K49 (Easter Avenue) from 150th Street south to the City Limits of the City of Lawton, Woodbury County Iowa.

3.  U.S. Highway 20 beginning one half mile east of the intersection of U.S. Highway 20 and Humboldt Avenue to the intersection of U.S. Highway 20 and Iowa Highway 140/County Route K64 (Moville Blacktop). This restriction shall apply to both westbound traffic and eastbound traffic in the designated area.

4.  County Road D38 from the intersection of Old Lakeport Road east to the intersection of Elk Creek Road (north)/Buchanan Avenue (South).   This restriction shall apply to both westbound traffic and eastbound traffic in the designated area.

5.  U.S. Highway 75 Bypass beginning at the U.S. Highway 20 interchange and continuing north to the 28th Street/Outer Drive interchange.  This restriction shall apply to both northbound traffic and southbound traffic in the designated area in the rural portions of U.S. Highway 75 Bypass.

6.  U.S. Highway 20 from the intersection of Buchanan Avenue/Glen Ellen Road west to the U.S. 20/75 interchange.  This restriction shall apply to both westbound traffic and eastbound traffic in the designated area.

7.  Iowa Highway 141 beginning at the intersection with Dillon Avenue and continuing west to the intersection of Iowa Highway 141 and County Route K45 (Old Highway 75).   This restriction shall apply to both westbound traffic and eastbound traffic in the designated area.

8.  County Road K45, also known as Old Highway 75, beginning ¼ mile north of the north city limits of the city of Salix to a point ¼ mile south of Salix.  The restriction shall apply to northbound and southbound traffic.

C.  Violation of this ordinance is a scheduled violation with a penalty of $100.00.

SECTION 2.  REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.  This includes current county ordinances Number 14 (enacted April 11, 2006) and Number 20 (enacted December 12, 2006), which are combined within this new ordinance.

SECTION 3.  SEVERABILITY CLAUSE.  If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 4.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval and publication as provided by law and when appropriate signage is erected and placed upon the areas described above to give notice of the ordinance.

First Hearing: 11/27/2018
Second Hearing: 12/4/2018
Third Hearing: 12/18/2018

Passed and approved by the Woodbury County Board of Supervisors December 18, 2018.
Rocky De Witt  (signed)
Chairman, Woodbury County Board of Supervisors

Attest:
Patrick Gill (signed)
Woodbury County Auditor

Published in The Record
Thursday, January 10, 2019

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