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Ordinance No. 06-03 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 06-03 AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 7.40.170.A TO ALLOW THE USE OF MUFFLED EXHAUST BRAKES ON FIRE FIGHTING APPARATUS WHEREAS, Tualatin Valley Fire and Rescue (TVF&R)has completed a District-wide review of compression braking, also known as exhaust braking or"jake brakes"; and WHEREAS, TVF&R apparatus using muffled compression brakes meet noise emission standards from the Environmental Protection Agency(EPA); and WHEREAS,the Municipal Code exempts sounds caused by emergency work and emergency vehicles from noises standards in Section 7.40.180.13, but specifically prohibits the use of exhaust braking except in an emergency, in Section 7.40.170.A; WHEREAS, TVF & R has requested clarification of the code to allow TVF&R emergency vehicles to continue to use muffled compression brakes in the City; and WHEREAS,the Council concludes that the noise from properly muffled compression brakes on emergency vehicles will be at acceptable noise levels, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Section 7.40.170.A is amended to read as follows (bold underlined is new language): A. The use of exhaust brakes(fake brakes), except in an emergency or except when used by a person operating an emergency services vehicle equipped with a muffled compression braking system, is prohibited at all times within the City,regardless of noise level. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U r)GLfA'ti111 A,5 vote of all Council members present after being read by number and title only,this day of r) L , 2006. C nx Catherine Wheatley, City Recor er ORDINANCE No. 06- C7 Page 1 II APPROVED: By Tigard City Council this day of �-A r L , 2006. Craig Dir en, Mayor Approved as to form: i Attorney 0C, Date ORDINANCE No.06- 03 Page 2