Jake brake ordinance may need another look by city

After the Onaway City Commission adopted an ordinance banning jake brakes in town, and requested signs from the Michigan Department of Transportation be placed at the edge of the city limits, the Michigan Department of Transportation responded by indicating that the ordinance appears to violate Michigan?s Motor Vehicle Code.

City manager Joe Hefele, who updated the commission on the situation Monday, said ?the code expressly allows truck drivers to use jake brakes on state highways.?

Some commission members, who pushed for the ordinance, believe the devices are causing excessive noise in town. MDOT will not allow the signs to be placed in the highway right-of-way, Hefele said.

?I have been told the city can place them outside the highway right-of-way, but that the ordinance, as written, may not be enforceable,? stated Hefele in his report to the board.

The city manager said the commission could adopt a noise ordinance, enforced with the use of a decibel meter, but could not ban the use of jake brakes by drivers.

The jake brake, as an engine system, causes no wear and tear and can help slow the truck before the wheel brakes need to be applied.

City attorney Mike Vogler may ask Sen. Jason Allen to get a legal opinion from the Michigan Attorney General?s Office. In the meantime, the ordinance may need to be rescinded at the next meeting.

In other business:

? A notice-to-proceed to Etna, the company hired to install water meters, was authorized. Approval was contingent upon review of the contract books by the engineers, the city attorney and manager, as well as USDA.

? Phase one of the sewer system has been complete

d, and the retainage has been released to Glawe Inc.

Glawe has completed its phase two work, and now has to turn in its final invoices. The company has not been working the past few weeks, but it appears that may change, as the company hopes to begin installing the five phase three lift stations. The lift stations were expected to arrive in Onaway earlier this week. They are permitted to work outside the roadway in the winter and can?t use frost-filled ground for backfill.

? City crews are done making connections for the season, but likely will begin hooking customers up to the system in April.

? Hefele will begin drafting the 2006-07 budget next week, and also will begin working on grant applications for a new squad car, plow truck, and for courthouse parking. A budget workshop may be planned for early February.

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