Ordinance 22-06ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA -ADDING A NEW CHAPTER 10.54 (ENGINE BRAKING
PROHIBITION) TO THE EASTVALE MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN A
FOLLOWS:
SECTION 1. Adoption of Chapter 10.54. A new Chapter 10.54 (Engine Braking Prohibition)
is added to the Eastvale Municipal Code and shall read as shown in Exhibit "A" to this Ordinance:
SECTION 2. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase;
or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have adopted
this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion
thereof,- irrespective of the fact that any one or more Sections, subsections, subdivisions;
sentences; clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days after its
passage by the City Council,.
SECTION 4. City Clerk Action. The City Clerk is authorized and directed to cause this
Ordinance to be published within fifteen (15) days after its passage in a newspaper of general
circulation and circulated within the City in accordance with Government Code Chapter 36933(a)
or; to cause this Ordinance to be published in the manner required bylaw using the alternative
summary and pasting procedure authorized under Government Code Chapter 39633(c).
PASSED, APPROVED AND ORDAINED this 9 day of November, 2022.
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
L
41P
Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 22-06, was introduced at a regular meeting of
the City Council of the City of Eastvale held on the 26th day of October, 2022, and was passed by
the City Council of the City of Eastvale at a regular meeting held on the 9 day of November, 2022,
by thefollowingvote:
AYES: Councilmembers Dinco, Piott, Yow, Mayor Pro Tem Rigby and Mayor Lorimore
NOES:
ABSENT:
ABSTAIN:
vt�
Marc A. Donohue, MMC
City Clerk/Communications Director
Section 10.54.010. — Purpose.
The purpose of this ordinance is to prohibit the loud, excessive, unusual, disruptive, cr explosive use of
engine retarding and compressed air -braking devices within the City's jurisdiction.
Section 1OS4.O2O- Definitions.
The following words, terms and, phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Engine retarding brake means any engine retarding brake system that isdesigned tosupportdrassis in
the deceleration, decompression, or braking of any motor vehicle that results in the excessive, loud,
unusual, or explosive noise from such vehicle.
Motor vehicle means a vehicle as defined in Vehicle Code Section 415.
Section 10.54,03O`— Prohibited aCts,
It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated on
designated truck routes within the City's jurisdiction any engine retarding brake designed to support or
assist in the braking or deceleration of any motor vehicle that results in loud, excessive, unusual,
disruptive, or explosive noise from such motor vehicle.
Section 1O.54INO.—Exemptions.
The provisions mfthis section shall not apply tothe application Vfunmuff|edcompression brakes where
necessary for the protection of persons and/or property which cannot be avoided byapplication ofan
alternative braking system. Sounds created by emergency motor vehicles for emergency purposes are
also exempt.
Section 1O.54J]5O.—Sign posting.
Signs stating "No Engine Brake" or "Engine Brake UrdinanceEnforced" may be installed at locations
deemed appropriate to advise motorists of the prohibitions contained in this ordinance.
Section 1O.54/O50.—Penalties.
It is unlawful for any person to violation any provision of this chapter. Any person violating any provision
of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified.
Any person sOconvicted shall be guilty Vfaninfraction offense and punished bVafine not exceeding:
w $1OD.0Ofor afirst violation;
0 SZO0^OOfor asecond violation;
0 For the third and any additional violations shall constitute a misdemeanor offense and shall be
punishable byafine not exceeding $l,OOO.00orsix months injail, orboth.