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new ordinances

KR
Kay Robbins Wall
Fri, Dec 3, 2021 8:45 PM

Fellow Attorneys:
I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea?
a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances.
b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts?
c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts?

Thanks so much for any suggestions.
Kay Wall

Fellow Attorneys: I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea? a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances. b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts? c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts? Thanks so much for any suggestions. Kay Wall
JM
Jon Miller
Mon, Dec 6, 2021 1:52 PM

Kay,

While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection.  I think you will have to refer to it as “engine assisted braking” or something of that nature.

I would also be interested in your responses to the braking and child restraint inquiries.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Friday, December 3, 2021 2:45 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances

Fellow Attorneys:

I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea?

a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances.

b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts?

c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts?

Thanks so much for any suggestions.

Kay Wall

Kay, While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection. I think you will have to refer to it as “engine assisted braking” or something of that nature. I would also be interested in your responses to the braking and child restraint inquiries. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Kay Robbins Wall <lkrw@sbcglobal.net> Sent: Friday, December 3, 2021 2:45 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances Fellow Attorneys: I have a new police chief in one of my Towns. He wants new ordinances on the following: Do any of you have Ordinances you think are good? Are you opposed to the idea? a. Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances. b. "jake brakes": I have done some research, and there are pros and cons on this issue. In this particular town, a State Highway runs down through the middle of town.... Thoughts? c. child restraint ordinances: I need a new one. And what are you charging? Fine amount? Court cost amount? Are there statutory limits on municipalities for this, as there are on seat belts? Thanks so much for any suggestions. Kay Wall
K
Kim@spadylaw.com
Mon, Dec 6, 2021 9:20 PM

I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago.  The following was enacted in 2007.  I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended.

Section 18-403.                                Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited.

A.                  It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air.

B.                  For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking.

C.                  It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits.

D.                  Penalty. The penalty for violating this provision shall be a fine of not more than $200.00.

Thanks

Kim Spady

From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, December 6, 2021 7:53 AM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

Kay,

While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection.  I think you will have to refer to it as “engine assisted braking” or something of that nature.

I would also be interested in your responses to the braking and child restraint inquiries.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Kay Robbins Wall <lkrw@sbcglobal.net mailto:lkrw@sbcglobal.net >
Sent: Friday, December 3, 2021 2:45 PM
To: OAMA Luistserv <oama@lists.imla.org mailto:oama@lists.imla.org >
Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances

Fellow Attorneys:

I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea?

a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances.

b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts?

c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts?

Thanks so much for any suggestions.

Kay Wall

I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago. The following was enacted in 2007. I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended. Section 18-403. Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited. A. It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air. B. For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking. C. It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits. D. Penalty. The penalty for violating this provision shall be a fine of not more than $200.00. Thanks Kim Spady From: Jon Miller <JMiller@cityofmustang.org> Sent: Monday, December 6, 2021 7:53 AM To: Kay Robbins Wall <lkrw@sbcglobal.net>; OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances Kay, While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection. I think you will have to refer to it as “engine assisted braking” or something of that nature. I would also be interested in your responses to the braking and child restraint inquiries. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Kay Robbins Wall <lkrw@sbcglobal.net <mailto:lkrw@sbcglobal.net> > Sent: Friday, December 3, 2021 2:45 PM To: OAMA Luistserv <oama@lists.imla.org <mailto:oama@lists.imla.org> > Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances Fellow Attorneys: I have a new police chief in one of my Towns. He wants new ordinances on the following: Do any of you have Ordinances you think are good? Are you opposed to the idea? a. Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances. b. "jake brakes": I have done some research, and there are pros and cons on this issue. In this particular town, a State Highway runs down through the middle of town.... Thoughts? c. child restraint ordinances: I need a new one. And what are you charging? Fine amount? Court cost amount? Are there statutory limits on municipalities for this, as there are on seat belts? Thanks so much for any suggestions. Kay Wall
R
rayvincent@coxinet.net
Mon, Dec 6, 2021 9:28 PM

The Jake Brake company contacted us and threatened to sue if we did not change our ordinance and take down the sign.
Ray

From: Kim@spadylaw.com
Sent: Monday, December 6, 2021 3:20 PM
To: 'OAMA Luistserv'
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago.  The following was enacted in 2007.  I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended.

Section 18-403.                                Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited.

A.                  It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air.

B.                  For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking.

C.                  It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits.

D.                  Penalty. The penalty for violating this provision shall be a fine of not more than $200.00.

Thanks

Kim Spady

From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, December 6, 2021 7:53 AM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

Kay,

While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection.  I think you will have to refer to it as “engine assisted braking” or something of that nature.

I would also be interested in your responses to the braking and child restraint inquiries.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Friday, December 3, 2021 2:45 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances

Fellow Attorneys:

I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea?

a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances.

b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts?

c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts?

Thanks so much for any suggestions.

Kay Wall


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The Jake Brake company contacted us and threatened to sue if we did not change our ordinance and take down the sign. Ray From: Kim@spadylaw.com Sent: Monday, December 6, 2021 3:20 PM To: 'OAMA Luistserv' Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago. The following was enacted in 2007. I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended. Section 18-403. Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited. A. It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air. B. For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking. C. It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits. D. Penalty. The penalty for violating this provision shall be a fine of not more than $200.00. Thanks Kim Spady From: Jon Miller <JMiller@cityofmustang.org> Sent: Monday, December 6, 2021 7:53 AM To: Kay Robbins Wall <lkrw@sbcglobal.net>; OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances Kay, While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection. I think you will have to refer to it as “engine assisted braking” or something of that nature. I would also be interested in your responses to the braking and child restraint inquiries. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Kay Robbins Wall <lkrw@sbcglobal.net> Sent: Friday, December 3, 2021 2:45 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances Fellow Attorneys: I have a new police chief in one of my Towns. He wants new ordinances on the following: Do any of you have Ordinances you think are good? Are you opposed to the idea? a. Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances. b. "jake brakes": I have done some research, and there are pros and cons on this issue. In this particular town, a State Highway runs down through the middle of town.... Thoughts? c. child restraint ordinances: I need a new one. And what are you charging? Fine amount? Court cost amount? Are there statutory limits on municipalities for this, as there are on seat belts? Thanks so much for any suggestions. Kay Wall -------------------------------------------------------------------------------- -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org
RK
Rick Knighton
Mon, Dec 6, 2021 9:30 PM

Same in Norman.  We have changed our signs to state, “Dynamic Engine Braking.”

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
'  405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/

This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Monday, December 06, 2021 3:29 PM
To: Kim@spadylaw.com; 'OAMA Luistserv' oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

The Jake Brake company contacted us and threatened to sue if we did not change our ordinance and take down the sign.
Ray

From: Kim@spadylaw.commailto:Kim@spadylaw.com
Sent: Monday, December 6, 2021 3:20 PM
To: 'OAMA Luistserv'
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago.  The following was enacted in 2007.  I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended.

Section 18-403.                                Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited.

A.                  It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air.

B.                  For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking.

C.                  It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits.

D.                  Penalty. The penalty for violating this provision shall be a fine of not more than $200.00.

Thanks
Kim Spady

From: Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org>
Sent: Monday, December 6, 2021 7:53 AM
To: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>; OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

Kay,

While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection.  I think you will have to refer to it as “engine assisted braking” or something of that nature.

I would also be interested in your responses to the braking and child restraint inquiries.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>
Sent: Friday, December 3, 2021 2:45 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances

Fellow Attorneys:

I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea?

a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances.

b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts?

c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts?

Thanks so much for any suggestions.

Kay Wall


--
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Same in Norman. We have changed our signs to state, “Dynamic Engine Braking.” Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: rayvincent@coxinet.net <rayvincent@coxinet.net> Sent: Monday, December 06, 2021 3:29 PM To: Kim@spadylaw.com; 'OAMA Luistserv' <oama@lists.imla.org> Subject: EXTERNAL EMAIL : [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances The Jake Brake company contacted us and threatened to sue if we did not change our ordinance and take down the sign. Ray From: Kim@spadylaw.com<mailto:Kim@spadylaw.com> Sent: Monday, December 6, 2021 3:20 PM To: 'OAMA Luistserv' Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago. The following was enacted in 2007. I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended. Section 18-403. Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited. A. It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air. B. For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking. C. It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits. D. Penalty. The penalty for violating this provision shall be a fine of not more than $200.00. Thanks Kim Spady From: Jon Miller <JMiller@cityofmustang.org<mailto:JMiller@cityofmustang.org>> Sent: Monday, December 6, 2021 7:53 AM To: Kay Robbins Wall <lkrw@sbcglobal.net<mailto:lkrw@sbcglobal.net>>; OAMA Luistserv <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances Kay, While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection. I think you will have to refer to it as “engine assisted braking” or something of that nature. I would also be interested in your responses to the braking and child restraint inquiries. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Kay Robbins Wall <lkrw@sbcglobal.net<mailto:lkrw@sbcglobal.net>> Sent: Friday, December 3, 2021 2:45 PM To: OAMA Luistserv <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances Fellow Attorneys: I have a new police chief in one of my Towns. He wants new ordinances on the following: Do any of you have Ordinances you think are good? Are you opposed to the idea? a. Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances. b. "jake brakes": I have done some research, and there are pros and cons on this issue. In this particular town, a State Highway runs down through the middle of town.... Thoughts? c. child restraint ordinances: I need a new one. And what are you charging? Fine amount? Court cost amount? Are there statutory limits on municipalities for this, as there are on seat belts? Thanks so much for any suggestions. Kay Wall ________________________________ -- Oama mailing list -- oama@lists.imla.org<mailto:oama@lists.imla.org> To unsubscribe send an email to oama-leave@lists.imla.org<mailto:oama-leave@lists.imla.org>
WW
Williams, Wiley L
Mon, Dec 6, 2021 11:54 PM

As I was traveling through eastern Oklahoma this weekend I passed at least 3 communities along Highway 16 that prohibited “Jake Brakes” by signs as you enter the town.

Wiley “Butch” Williams
Deputy Municipal Counselor
200 N. Walker,  4th Floor
Oklahoma City, Oklahoma 73102
Direct: 405-297-2685
Mobile: 405-824-5198

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Monday, December 6, 2021 3:29 PM
To: Kim@spadylaw.com; 'OAMA Luistserv' oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

The Jake Brake company contacted us and threatened to sue if we did not change our ordinance and take down the sign.
Ray

From: Kim@spadylaw.commailto:Kim@spadylaw.com
Sent: Monday, December 6, 2021 3:20 PM
To: 'OAMA Luistserv'
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago.  The following was enacted in 2007.  I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended.

Section 18-403.                                Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited.

A.              It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air.

B.              For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking.

C.                It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits.

D.              Penalty. The penalty for violating this provision shall be a fine of not more than $200.00.

Thanks
Kim Spady

From: Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org>
Sent: Monday, December 6, 2021 7:53 AM
To: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>; OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

Kay,

While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection.  I think you will have to refer to it as “engine assisted braking” or something of that nature.

I would also be interested in your responses to the braking and child restraint inquiries.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>
Sent: Friday, December 3, 2021 2:45 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances

Fellow Attorneys:

I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea?

a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances.

b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts?

c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts?

Thanks so much for any suggestions.

Kay Wall


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CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

As I was traveling through eastern Oklahoma this weekend I passed at least 3 communities along Highway 16 that prohibited “Jake Brakes” by signs as you enter the town. Wiley “Butch” Williams Deputy Municipal Counselor 200 N. Walker, 4th Floor Oklahoma City, Oklahoma 73102 Direct: 405-297-2685 Mobile: 405-824-5198 From: rayvincent@coxinet.net <rayvincent@coxinet.net> Sent: Monday, December 6, 2021 3:29 PM To: Kim@spadylaw.com; 'OAMA Luistserv' <oama@lists.imla.org> Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances The Jake Brake company contacted us and threatened to sue if we did not change our ordinance and take down the sign. Ray From: Kim@spadylaw.com<mailto:Kim@spadylaw.com> Sent: Monday, December 6, 2021 3:20 PM To: 'OAMA Luistserv' Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago. The following was enacted in 2007. I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended. Section 18-403. Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited. A. It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air. B. For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking. C. It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits. D. Penalty. The penalty for violating this provision shall be a fine of not more than $200.00. Thanks Kim Spady From: Jon Miller <JMiller@cityofmustang.org<mailto:JMiller@cityofmustang.org>> Sent: Monday, December 6, 2021 7:53 AM To: Kay Robbins Wall <lkrw@sbcglobal.net<mailto:lkrw@sbcglobal.net>>; OAMA Luistserv <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances Kay, While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection. I think you will have to refer to it as “engine assisted braking” or something of that nature. I would also be interested in your responses to the braking and child restraint inquiries. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Kay Robbins Wall <lkrw@sbcglobal.net<mailto:lkrw@sbcglobal.net>> Sent: Friday, December 3, 2021 2:45 PM To: OAMA Luistserv <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances Fellow Attorneys: I have a new police chief in one of my Towns. He wants new ordinances on the following: Do any of you have Ordinances you think are good? Are you opposed to the idea? a. Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances. b. "jake brakes": I have done some research, and there are pros and cons on this issue. In this particular town, a State Highway runs down through the middle of town.... Thoughts? c. child restraint ordinances: I need a new one. And what are you charging? Fine amount? Court cost amount? Are there statutory limits on municipalities for this, as there are on seat belts? Thanks so much for any suggestions. Kay Wall ________________________________ -- Oama mailing list -- oama@lists.imla.org<mailto:oama@lists.imla.org> To unsubscribe send an email to oama-leave@lists.imla.org<mailto:oama-leave@lists.imla.org> CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
JJ
jeff jones
Tue, Dec 7, 2021 3:20 PM

The sign should read “no use of mechanical braking devices”

Sent from Yahoo Mail for iPhone

On Monday, December 6, 2021, 5:54 PM, Williams, Wiley L wiley.williams@okc.gov wrote:

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As I was traveling through eastern Oklahoma this weekend I passed at least 3 communities along Highway 16 that prohibited “Jake Brakes” by signs as you enter the town. 

 

Wiley “Butch” Williams

Deputy Municipal Counselor

200 N. Walker,  4th Floor

Oklahoma City, Oklahoma 73102

Direct: 405-297-2685

Mobile: 405-824-5198

 

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Monday, December 6, 2021 3:29 PM
To: Kim@spadylaw.com; 'OAMA Luistserv' oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

 

The Jake Brake company contacted us and threatened to sue if we did not change our ordinance and take down the sign.

Ray

 

From:Kim@spadylaw.com

Sent: Monday, December 6, 2021 3:20 PM

To: 'OAMA Luistserv'

Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

 

I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago.  The following was enacted in 2007.  I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended.

 

Section 18-403.                                Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited.

A.              It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air.

B.              For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking.

C.               It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits.

D.              Penalty. The penalty for violating this provision shall be a fine of not more than $200.00.

 

 

 

Thanks

Kim Spady

 

 

From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, December 6, 2021 7:53 AM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances

 

Kay,

 

While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection.  I think you will have to refer to it as “engine assisted braking” or something of that nature.  

 

I would also be interested in your responses to the braking and child restraint inquiries. 

 

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

 

 

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

 

 

 

From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Friday, December 3, 2021 2:45 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances

 

Fellow Attorneys:

 

I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea?

 

a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances.

 

b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts?

 

c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts?

 

 

 

Thanks so much for any suggestions.

 

Kay Wall

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The sign should read “no use of mechanical braking devices” Sent from Yahoo Mail for iPhone On Monday, December 6, 2021, 5:54 PM, Williams, Wiley L <wiley.williams@okc.gov> wrote: <!--#yiv0790362120 _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv0790362120 #yiv0790362120 p.yiv0790362120MsoNormal, #yiv0790362120 li.yiv0790362120MsoNormal, #yiv0790362120 div.yiv0790362120MsoNormal {margin:0in;font-size:11.0pt;font-family:"Calibri", sans-serif;}#yiv0790362120 a:link, #yiv0790362120 span.yiv0790362120MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv0790362120 p.yiv0790362120MsoListParagraph, #yiv0790362120 li.yiv0790362120MsoListParagraph, #yiv0790362120 div.yiv0790362120MsoListParagraph {margin-top:0in;margin-right:0in;margin-bottom:6.0pt;margin-left:.5in;text-align:justify;text-indent:.5in;font-size:11.0pt;font-family:"Calibri Light", sans-serif;color:black;}#yiv0790362120 p.yiv0790362120MsoListParagraphCxSpFirst, #yiv0790362120 li.yiv0790362120MsoListParagraphCxSpFirst, #yiv0790362120 div.yiv0790362120MsoListParagraphCxSpFirst {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;text-align:justify;text-indent:.5in;font-size:11.0pt;font-family:"Calibri Light", sans-serif;color:black;}#yiv0790362120 p.yiv0790362120MsoListParagraphCxSpMiddle, #yiv0790362120 li.yiv0790362120MsoListParagraphCxSpMiddle, #yiv0790362120 div.yiv0790362120MsoListParagraphCxSpMiddle {margin-top:0in;margin-right:0in;margin-bottom:0in;margin-left:.5in;text-align:justify;text-indent:.5in;font-size:11.0pt;font-family:"Calibri Light", sans-serif;color:black;}#yiv0790362120 p.yiv0790362120MsoListParagraphCxSpLast, #yiv0790362120 li.yiv0790362120MsoListParagraphCxSpLast, #yiv0790362120 div.yiv0790362120MsoListParagraphCxSpLast {margin-top:0in;margin-right:0in;margin-bottom:6.0pt;margin-left:.5in;text-align:justify;text-indent:.5in;font-size:11.0pt;font-family:"Calibri Light", sans-serif;color:black;}#yiv0790362120 span.yiv0790362120EmailStyle22 {font-family:"Times New Roman", serif;color:windowtext;}#yiv0790362120 .yiv0790362120MsoChpDefault {font-size:10.0pt;} _filtered {}#yiv0790362120 div.yiv0790362120WordSection1 {}#yiv0790362120 _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv0790362120 ol {margin-bottom:0in;}#yiv0790362120 ul {margin-bottom:0in;}--> As I was traveling through eastern Oklahoma this weekend I passed at least 3 communities along Highway 16 that prohibited “Jake Brakes” by signs as you enter the town.    Wiley “Butch” Williams Deputy Municipal Counselor 200 N. Walker,  4th Floor Oklahoma City, Oklahoma 73102 Direct: 405-297-2685 Mobile: 405-824-5198   From: rayvincent@coxinet.net <rayvincent@coxinet.net> Sent: Monday, December 6, 2021 3:29 PM To: Kim@spadylaw.com; 'OAMA Luistserv' <oama@lists.imla.org> Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances   The Jake Brake company contacted us and threatened to sue if we did not change our ordinance and take down the sign. Ray   From:Kim@spadylaw.com Sent: Monday, December 6, 2021 3:20 PM To: 'OAMA Luistserv' Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances   I found the same regarding the use of “Jake Brakes” when I researched an ordinance a number of years ago.  The following was enacted in 2007.  I haven’t received any feedback regarding it, so I assume it is being enforced and has worked as intended.   Section 18-403.                                Loud Noises from Vehicles, Including Mechanical Braking Devices, Prohibited. A.              It shall be unlawful, except to avert imminent danger, for any person to use compression release type engine brakes (commonly known as “Jake Brakes”) unless the blowdown from the compression release and the exhaust of any internal combustion engine is discharged through an appropriate muffler system before entering the ambient air. B.              For the purpose of this provision, use of a compression release type brake or "Jake Brake" shall be defined as a device which, when activated, retards one or more pistons on the engine of the motor vehicle in order to assist the motor vehicle in braking. C.               It shall be unlawful, except when necessary to avoid imminent danger, for any loud or offensive noise to be produced by or emanate from any motor vehicle traveling on public roadways, streets, or highways located within Town limits. D.              Penalty. The penalty for violating this provision shall be a fine of not more than $200.00.       Thanks Kim Spady     From: Jon Miller <JMiller@cityofmustang.org> Sent: Monday, December 6, 2021 7:53 AM To: Kay Robbins Wall <lkrw@sbcglobal.net>; OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] new ordinances   Kay,   While researching issues relating to regulation of truck routes, I did learn that the phrase “jake brake” is apparently subject to some trademark of similar protection.  I think you will have to refer to it as “engine assisted braking” or something of that nature.     I would also be interested in your responses to the braking and child restraint inquiries.    Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721     This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.       From: Kay Robbins Wall <lkrw@sbcglobal.net> Sent: Friday, December 3, 2021 2:45 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [CAUTION: SUSPECT SENDER] [Oama] new ordinances   Fellow Attorneys:   I have a new police chief in one of my Towns.  He wants new ordinances on the following:  Do any of you have Ordinances you think are good?  Are you opposed to the idea?   a.  Golf Carts (I am fairly familiar with this law, inasmuch as two of my other towns have enacted Golf Cart ordinances.   b.  "jake brakes":  I have done some research, and there are pros and cons on this issue.  In this particular town, a State Highway runs down through the middle of town....  Thoughts?   c.  child restraint ordinances:  I need a new one.  And what are you charging?  Fine amount?  Court cost amount?  Are there statutory limits on municipalities for this, as there are on seat belts?       Thanks so much for any suggestions.   Kay Wall -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.-- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org