CHAPTER XVIII. TRAFFIC AND VEHICLESCHAPTER XVIII. TRAFFIC AND VEHICLES\ARTICLE 6. TRUCKS

(a)   Except as provided in subsection (b) of this section, no person or operator of a truck with a manufacturer’s rated capacity of over one and one-half (1 ½) tons, transport, truck tractor, semi-trailer, commercial trailer not motorized, farm tractor, or mobile home shall park the vehicle or otherwise leave the same unattended on any street in the City of Andover, Kansas for longer than a two (2) hour period; provided, however that nothing herein shall deny the right to park any such vehicle for emergency refueling, making an emergency repair, or when more than two (2) hours is necessary for the prompt and continuous loading or unloading of cargo; provided further, that the vehicle shall be promptly moved upon the completion of such emergency refueling, emergency repair or loading or unloading of cargo.

(b)   No person or operator of a motor home, fifth-wheel, travel trailer, camper or other type of recreational vehicle shall park the said vehicle or otherwise leave the same unattended on any street in the City of Andover, Kansas for longer than a thirty-six (36) hour period.

(c)   The Governing Body of the City of Andover, Kansas shall place and maintain such traffic control devices upon the streets under its jurisdiction, as it deems necessary to indicate and to carry out the provisions of this Ordinance.

(d)   It shall be unlawful for any person or persons to park vehicles as set forth in this Section, and any person convicted of a violation of this Section shall, on first conviction thereof, be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment of not more than ten (10) days, or both.  For a subsequent conviction within one (1) year thereafter, they shall be punished by a fine of not more than Two Hundred Dollars ($200.00) or by imprisonment of not more than twenty (20) days, or both.  Upon the third conviction or subsequent conviction within a one (1) year period after the first conviction, said person shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment of not more than six (6) months, or both.

(Ord. 1397, Sec. 2)

(a)   Definition. The term "Jacob Engine Brake”, as used herein, and “compression release engine braking system”, as used in the STO, means any compression release engine brake, compression brake, or decompression brake, or other device (1) commonly referred to as a Jacob Brake or Jake Brake, which opens exhaust valves to the cylinders during or at the end of a compression stroke (typically releasing the otherwise compressed gas trapped in the cylinders), or (2) otherwise converts a power producing diesel engine into a power absorbing decelerating mechanism, when used to slow a vehicle thereby creating noise emitted through the vehicle's exhaust system.

(b)   Use Of Jacob Engine Brake Prohibited. It shall be unlawful for any person operating a motor vehicle within the City limits of the City to use, actuate or operate any Jacob Engine Brake system, commonly known as a "Jake Brake", on any motor vehicle.

(c)   Exception. This provision shall not prevent the use of a Jacob Engine Brake for the deceleration of any truck or truck-tractor upon failure of any other braking system such truck or truck-tractor may otherwise possess.

(d)   Penalties. Any person who shall violate the provisions of this Section shall, upon conviction thereof, have the a penalty imposed upon them in accordance with the provisions of Article 20 of the Standard Traffic Ordinance, as currently adopted by the City and then in effect, including any amendments thereto, or such other similar substitute penalty provisions as the City or Standard Traffic Ordinance may then have in effect.

(e)   Supplemental Amendment. This Section shall be supplemental and modify the then effective edition of the STO and considered an amendment to Section 175.1 of the Standard Traffic Ordinance, or such other provision regulating compression release engine braking systems as may then be in effect or shall from time to time be incorporated into the Code by reference.

(Ord. 1781; Ord. 1810)