ORD 35493 - Amend chapter 17 of municipal code prhoibiting use of engine compression brakes Q OMAHA,A,t,4
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o Law Department
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Pi 2� 3 Omaha/Douglas Civic Center
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•°,�� 01 1819 Faam Street,Suite 804
ll� n^ Omaha,Nebraska 68183-0804
004,'" ry (402)444-5115
C Y Telefax(402)444-5125
O'T�D FEBR�r��
OMAHA, NE0Rj�'SiCk Pau1D.Kratz
City of Omaha City Attorney
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The Ordinance transmitted herewith is sent to you at the request of Councilmember Sivick. The
Ordinance deals with engine compression-type braking devices on vehicles that use the interstate
system within the city.
Respectfully submitted,
o ert . Hamer Date
Deputy City Attorney
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•
ORDINANCE NO. 54/9 3
AN ORDINANCE to amend Article II of Chapter 17 of the Omaha Municipal Code dealing with
motor vehicle noise control by adding thereto a new section numbered 17-34 prohibiting
the use of engine compression brakes on certain portions of the National System of
Interstate and Defense Highways within the City of Omaha; to provide for a means of
informing persons with signs indicating such prohibitions, and providing for the effective
date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That a new Section 17-34 is added to Article II of Chapter 17 of the Omaha
Municipal Code which new section shall'read as follows:
"Section 17-34 Vehicle Engine Compression Brakes—Prohibited.
The operation of vehicle engine compression brakes is hereby prohibited on the
national system of interstate and defense highways within the City of Omaha at
any point where the grade of the same is less than five degrees. This prohibition
shall not apply to any other type of vehicle braking devices and shall not apply to
vehicles owned by governmental agencies or actually performing contracted work
for governrriental agencies. The traffic engineer of the City of Omaha is hereby
authorized and required to place appropriate signs to inform motorists of this
prohibition upon those sections of the National System of Interstate and Defense
Highways located within the city's limits within the prohibition described herein.
Such sign placement shall be coordinated with, and approved by, the State of
Nebraska Depaitment of Roads."
•
ORDINANCE NO. L35 /C/3 •
PAGE -2-
Section 2. This Ordinance shall be in full force and take effect fifteen (15) days from and
after the date of its passage.
INTRODUCED BY COUNCIL EMBER
AP' • f) ED BY
"� AYOR OF THE CITY OF OMAHA DATE
PASSED FEB .2 0 2001 4--/ /i : 414
ATTEST:
r.
J g )
a �O
CIT LERK OF THE Y-O j-OM A DATE
APPROVED AS O FORM:
r CITY ATTORNEY DATE
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REQUEST TO LAW DEPARTMENT
,'t,(4 At `-,✓7' For Law Department Use Only
TO: Paul D. Kratz, City Att ' rJ ' -01 `S
, 4�, ,lrFO °r Log Book #: 13-01 = COUNCIL
DATE: January 16, 2001 .f �'"by 2007 Li Date Assigned: 16 Jan. '01
3 p ='J Assigned to: 445t01ey%
\`'r''*� .- ;,'� Answered/Sent Out: 0
4 i
..• _ 1/..�N Withdrawn:
REQUEST BEING MADE BY: On behalf of Councilmembers Bob Sivick
Rod stin, Council Staff Assistant Ext. 4567
ame) (Department) (Phone)
-r' v. 1 -i r�- C..6 i 7 C i Pr. k
TIME LINE (Due Date): Council Agenda — February 6, 2001
(12 Working Days from Date Received by Law Department)
REQUEST FOR: Ordinance prohibiting compressor-type braking devices
(State Specifically What You Are Requesting)
DETAILS:
In the last session of the Nebraska Legislature, April 2000, the Legislature passed an amendment to LB
1361 that allowed local authorities to "adopt and enforce an ordinance or resolution prohibiting the use of
engine brakes on the National System of Interstate and Defense Highways that has a grade of less than five
degrees within its jurisdiction".
It is under that authority that Councilmember Sivick requests that an ordinance be prepared for the City
Council agenda for February 6 that would prohibit the use of compressor-type braking devices on vehicles
that use the National System of Interstate and Defense Highways that are located within the corporate
boundaries of the City of Omaha.
The actual locations of the signage prohibiting the use of compressor-type braking devices shall be jointly 1
agreed upon the City of Omaha Public Works Department and the Nebraska Department of Roads, District 2
office. The District 2 office engineer, John Jacobsen, has suggested locations in subparagraphs 1 and 2 of
his letter of May 22, 2000 to Councilmember Sivick. (See Attachment 1)
Vehicles owned or contracted for by governmental agencies would be exempt from the provisions of this
ordinance.
The ordinance would apply to compressor-type braking devices only. Other types of braking devices such
as magnetic braking devices would not be prohibited.
The Law Department is asked to determine the type of infraction that this ordinance should have assigned
to it and the range of fine that would apply and to also include that information in this or another ordinance
or resolution as is appropriate.
The installation of the required signage will be done by the State of Nebraska Department of Roads and the
cost shall be billed to the Public Works Department of the City of Omaha
INFORMATION ATTACHED: YES _X NO NONE AVAILABLE
/cj
c: Councilmembers, City Clerk, Bill Protexter-Mayor's Office, Public Works Director, Fire Chief,
Council Staff
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•
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an L Craig. Director :ALL l,`•A'J a t°• •*�ri
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May 22, 2000 • A!. . -':-'-' '�
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Councii Member Robert J. Sivick •
Omaha City Council 1 c DO
Omaha/Douglas Civic Center `jti'-
_ 1819 Famam Street �-t; -
Omaha, Nebraska 68183 ,�
T'�'t �
Dear Mr. Sivick:
I have received information from the Traffic Engineering and Roadway Design Divisions in
Lincoln regarding the signage and grade information for your proposed City Ordinance prohibiting
engine braking and I offer the following:
O1. The Nebraska Department of Roads (NDOR) interprets the law to only apply
to the Interstate System within the city limits. Therefore, the Ordinance would
be confined to 1-80 to the Sarpy County line, all of 1-480 and 1-680.
The Roadway Design Division's data shows no grades on the mainline of 1-
(-.)
80, 1-480 or 1-680 in excess of 5%. However, there are various ramps and
loops at some interchanges that do exceed 5% (attached). I would suggest
that for simplicity in enforcement, we deal only with mainline 1-80, 1-480 and I-
680.
3. The Traffic Engineering Division has reiterated that the NDOR has sole
authority for signage on 1-80 and the signs would be provided and installed by
NDOR with all costs being charged to the City. They are recommending a
sign be placed at each entry point to Nebraska/Omaha on 1-80, 1-480, 1-680
and EE 1-80 at the Sarpy/Douglas County Line. (A sample of the sign and the
estimated cost are attached for your information). They estimate the cost of
each sign, posts, and footings to be approximately $3,400 each not including
installation. If you have questions regarding the signage, please contact Mr.
Ron Dooley at 404 479-4594 in Lincoln.
4. They do not recommend signing all the interchange entry ramps or individual
trouble spots due to cost and sign congestion. They feel that the majority of
truck traffic is through traffic and signs at the entry points should be adequate
for enforcement and notification.
It is my suggestion that if you introduce the Ordinance as you propose that the Omaha City Police
could be advised to enforce the Ordinance on the mainline only of 1-80, 1-480 and 1-680 within the
City limits disregarding the ramps and loops. You may want to ask your legal department if the
Ordinance could be enforced on the ramps even if there isn't a sign at every location.
Oisrrc: 2 Headc.:•rers --:3 morn .CSt^ ...... ?0 Box • 4hl Orrara NEr.i:J _r,t :'..r4 4ti=.:Y:-25 FAX 402:5?5•24C6
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Robert J. Sivick
May 22, 2000 •
Page 2
• I hope the information provided will be helpful in developing the Ordinance and if I can be of any
further assistance, please feel free to contact me.
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SNOTC 1fJ e THE DAILY RECORD
The folluwr;. fi OF OMAHA
U��Lzrea 'A.3 7 rset for
City Coun r ,,ru ;,j 13
zoo1, oo,o o7 pm 'gis;ative• RONALD A. HENNINGSEN, Publisher
181 ars`sb et, 'at
Civic Centerl, PROOF OF PUBLICATION
1819 �Farriam��t7-eet at which hearing all,
persons'ntel-aged;they itievi eard'! +"' "
AN`ORDINANC rto:emend''Article I,I.of.
Chapter 17 of the Omaha Municipal;yCode UNITED STATES OF AMERICA,
dealing with motor vehicle,nbirE;'coi'itfof'Isy:
k - W 111e State of Nebraska,
adding,thereto g'.- thsectus numbered 17-., - DistrictofNebraska, es.
34 Pohibitin p g` the ustain 5p engine. County of Douglas,
compression brakes.on certain rst tions of, sty��
the National System of• Interstate and.
Defense Highways Within'the Ctaf Omaha;-
to provide for afroeans 1bf,mfd'rm' persons. JOHN P. EGLSAER
with signs indicating''tt c� prohibitions and'
providing for the effective date hereof. " being duly sworn,deposes and says that he Is
,BUSTER BROWN,
City Clerk,,
2-9-01 ADVERTISING MANAGER
of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
February 9, 2001
Thatsaid:11,1,e, paper during that time was regularly published and
in eialMgs ..tion in the County of Douglas, and State of
ier's Fee $ 1
Ally
tl TV .1 ,. ..p..,,".4, • Su p .:. In my presen..and sworn to
�; EXPh„E' • r before me this 't h day of
l05.5'P
TT�� $....o.... -.... Februa
J' ' 4.Y g 24o`L a• ../
c in f No glee County,
State of Nebraska
,
NOTICE TO PUBLIC" THE DAILY RECORD
• ORDINANCE NO.35493 OF OMAHA
AN ORDINANCE to amend Article II of
Chapter 17 of the Omaha Municipal Code RONALD A. HENNINGSEN, Publisher
dealingg with motor vehicle noise control 7 PROOF OF PUBLICATION
adding thereto a new section numbered 17-
34 prohibiting the use of engine
compression brakes on certain portions of '�
the National System of Interstate and UNITED STATES OF AMERICA,
Defense Highways within the City of Omaha; . The State of Nebraska.
to provide for a means of informing persons District of Nebraska, ss
with signs indicating such prohibitions and County of Douglas,
providing for the effective date hereof. City of
SUMMARY:
AN ORDINANCE to amend Article II of
Chapter 17 of the Omaha Municipal Code JOHN P. EGLSAER
dealing with motor vehicle noise control by
adding thereto a new section numbered 17- being duly sworn.deposes and says that he is
34 prohibiting the use of engine
compression brakes on certain portions of
the National System of Interstate and ADVERTISING MANAGER
Defense Highways within the City of Omaha;
to provide for a means of informing persons THE DAILY RECORD,signs indicating such prohibitions and of of Omaha,a legal newspaper,printed and
providing for the effective date hereof. published daily in the English language, having a bona fide paid
PASSED: February 20,2001, 6-1 circulation in Douglas Countyin excess of 300 copies, printed in
APPROVED BY: g p
HAL DAUB• 3/1/01 Omaha,in said County of Douglas,for more than fifty-two weeks last
MAYOR
OF OF THA past; that the printed notice hereto attached was published in THE
BUSTER BROWN, DAILY RECORD,of Omaha,on
City Clerk
3-6.01 March 6, 2001
That said Newspaper during that time was regularly published and
in general circulation in the Count of Douglas, and State of
Nebraska. 2 2 . 7 0
Publisher's ,- "� a.}�
r ItAcE��T
Additi �tptgs ...,...!Q , ribed in my press and sworn to
• �`; ''�E 6 th
A
` a before me this day of
` .• NOTARY March e 20 �i
1r c COMMISSION :w //1/�
EXPIRES f l
%
pi Notary Public in and for ty,
fJ' Q 5,1E �Q' State of Nebraska