HomeMy WebLinkAbout1010 Enacting Section 8.06.55 Nuisances Firestone Municipal Code 04-27-2022ORDINANCE NO.1010
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, ENACTING SECTION 8,06.55 OF THE FIRESTONE MUNICIPAL
WHEREAS, the Town of Firestone is bisected by a state highway and contains numerous
county roads upon which results in a constant flow of commercial trick traffic throughout portions
of the Town; and
WHEREAS, the volume of conunercial truck traffic is fiir-ther heightened by the Town's
proximity to numerous gravel pits; and
WHEREAS, the operators of certain commercial trucks routinely employ air compression
brakes when traveling through the Town; and
WHEREAS, air compression brakes are but a secondary braking system, with its principal
benefit being reduced operational and maintenance costs as it reduces wear and tear on a vehicle's
primary brakes; and
WHEREAS, the use of such brakes creates noise, the volume, intensity, and staccato rrahire
Awhich is disruptive and disturbs the wellbeing of citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
Section 1. Section 8.06.055, "Use of air compression brakes prohibited," of the
Firestone Municipal Code is enacted to provide:
It is unlawful and constihrtes a nuisance for the operator of a motor vehicle equipped
with an engine compression brake device to use such device while operating the
vehicle within the town. For the purposes of this section an engine compression brake
device, also known as "brake retarder," is any device which, when activated, impedes
the vehicle's forward motion through compression of air in the engine's cylinder to
provide braking power.
Section 2. If arty article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The Board of
Trustees hereby declare it would have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinanceVhall be punishable in accordance with Section
1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
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Section 4. All other ordinances or portions thereof inconsistent or conflicting with
this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL thisa`) th day of , 2022.
TOWN OF FIRESTONE, COLORADO
APPROVED S TO F
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William P. Hayashi, Tow Attorney
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