46.36.040 Compression brakes prohibited.
A. Except as provided in this section, 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 that said compression brakes were applied in an emergency and were necessary for the protection of persons and/or property.
B. This section shall not apply to any member of the Everett fire department operating an Everett fire department vehicle, nor to any person operating any public conveyance within the city limits.
C. Violation of any of the provisions of this section shall be a misdemeanor.
1. Every person who is convicted of a violation of this section shall be punished by a fine not less than one hundred dollars nor more than one thousand dollars. Unless the judge finds the person to be indigent, one hundred dollars of the fine shall not be suspended or deferred.
2. On a second conviction for a violation of this section within a five-year period a person shall be punished by a fine not less than five hundred dollars nor more than one thousand dollars. Unless the judge finds the person to be indigent, five hundred dollars of the fine shall not be suspended or deferred.
3. On a third or subsequent conviction for a violation of this section within a five-year period a person shall be punished by a fine of one thousand dollars. Unless the judge finds the person to be indigent, the fine shall not be suspended or deferred. (Ord. 1728-90 § 1, 1990.)