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Ordinance 1986ORDINANCE NO. 1986 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROHIBITING THE USE OF COMPRESSION BRAKES IN THE CITY EXCEPT IN EMERGENCIES: PROVIDING PENALTIES THEREFOR AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS. WHEREAS, the City Council of the City of Edmonds finds that the use of motor vehicle brakes that are activated or operated by the compression of the engine of a motor vehicle disturbs and disrupts the public peace and quiet and, there- fore, finds that it would be in the best interests of the public health, safety and general welfare to prohibit the use of such brakes except in emergency situations, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section 8.32.020 is hereby added to the Edmonds City Code, to read as follows: "8.32.020 Compression Brakes Prohibited. No person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that said com- pression brakes were applied in an emergency and were necessary for the protection of persons and/or property. Section 2. Any person violating the provisions of said ordinance shall be guilty of a misdemeanor, and upon conviction be punished as provided in Section 5.45.020 of the Edmonds City Code. -1- Section 3. The Director of Public Works is authorized and directed to post appropriate signs consistent with the provisions of this ordinance. APPROVED: MAYOR, H. H. Harrison ATTEST/AUTHENTICATED: s4J. - 9 -A IVA �1 11.1 07 1 -j jh- -1" -14-11.4 j CITY CLERK, Sr e Varney Moran APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By t . 00 -4 -'- . Wallace FILED WITH THE CITY CLERK: August 18, 1977 PASSED BY THE CITY COUNCIL: March 28, 1978 POSTED: March 29, 1978 EFFECTIVE DATE: April 3, 1978 -2- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) Irene Varney Moran , being first duly sworn on oath deposes and says that S he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 29 day of March , 1978 , affiant posted true and correct copies of the attached Ordinance No. 1986, passed by the City Council on the 28 March day of , 197 8, at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this 29 day of March , 1978 . SUBSCRIBED AND SWORN to 'before me this%-�9 �- day of i„ 19 7 . r AoYAry Public in and for the State of Washington residing at