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2005-059-ORD AMENDING ARTICLE II DIVISON 1 OF CHAPTER 31 OF CODE OF ORDINANCES TO ADD NEW SECTION 31-31 ORDINANCE NO. 2005-059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ARTICLE II, DIVISION 1 OF CHAPTER 31 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION 31-31 THERETO PROHIBITING THE UNLAWFUL USE OF ENGINE BRAKES, JAKE BRAKES, COMPRESSION BRAKES, MECHANICAL EXHAUST DEVICES, OR OTHER SIMILAR DEVICES; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas finds and determines that the improper use of engine brakes, compression brakes, Jake brakes, mechanical exhaust devices, or other similar devices by drivers of vehicles on the streets, roads, and highways of the City of Paris causes undo noise and distraction and constitutes a public nuisance; and, WHEREAS, the City Council of the City of Paris, Texas desires to regulate those vehicles so equipped to prohibit the improper use of said devices in furtherance of controlling such nuisance activity, preventing distractions to the trafficking public, and generally improving the health, safety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a new Section 31-31 shall be and is hereby adopted to Article II, Division I of Chapter 31 of the Code of Ordinances of the City of Paris, said new Section 31-31 to read as follows: "Chapter 31 TRAFFIC CODE * * * ARTICLE II. OPERATION OF VEHICLES DIVISION I - GENERALLY * * * Sec. 31-31. Unlawful use of engine brakes and compression brakes. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the corporate city limits of the City of Paris, Texas, any engine brake, Jake brake, compression brake, mechanical exhaust device, or other similar device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual, or explosive noise from such vehicle." Section 3. That any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in Section 1-6 of the Code of Ordinances of the City of Paris. Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby expressly appealed. Section 5. That the City Engineer of the City of Paris shall be and he is hereby specifically authorized to erect such signage as shall be necessary and appropriate to the enforcement of this ordinance. Section 6. That this ordinance shall be effective November 10,2005. PASSED, APPROVED, AND ADOPTED this 24th day of October, 2005. ATTEST: ~~/Q [can ice Ellis, City Clerk APPROVED AS TO FORM: . Schenk, City Attorney