ORD20041177.
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1177
AN ORDINANCE TO AMEND CHAPTER 7
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
TO ADD SECTION 7.16
(Traffic Code - Compression Braking)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 7 of the Municipal Code of the City of Muskego is hereby amended to
add Section 7.16 to read as follows:
7.16 COMPRESSION BRAKING PROHIBITED
No operator of a motor vehicle shall use brakes which are in any way activated or operated by
the compression of the engine of the motor vehicle or any unit or part thereof (commonly
referred to as "Jake brakes," "Jacob's brakes," "engine brakes," or "compression brakes") on
any State Trunk Highway as defined by Section 84.02, Wis. Statutes, nor any County Trunk
Highway as defined by Section 83.025, Wis. Statutes, or Local Street except in cases of
emergency. For purposes of this section, "cases of emergency" are defined as circumstances
which present an immediate danger to life or property.
EmerQencv Vehicle Exceptions. The prohibition set forth in this subsection shall not apply to
"authorized emergency vehicles" as that term is defined by Section 340.01(3), Wis. Statutes
when responding to an emergency call, when in the pursuit of an actual or suspected violator of
the law, or when responding to but not upon returning from a fire alarm.
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not. affect the validity of all other
provisions, sections, or portion thereof of the Ordinance which shall remain in full force and
effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 27th DAY OF JULY ,2004.
CITY OF MUSKEGO
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Mark A. Slocomb, Mayor
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, I J () , r; - T rea~urer
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First reading: 07/13/04
Published this 5th day of August, 2004