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RESOLUTION #19- 14 4 A RESOLUTION PROHIBITING THE USE OF UNMUFFLED ENGINE BRAKES WITHIN HALL COUNTY, NEBRASKA;A RESOLUTION TO RESCIND PRIOR ENGINE BRAKING RESOLUTIONS AND CONSOLIDATE ALL UNMUFFLED ENGING BRAKING PROHIBITIONS INTO A SINGLE RESOLUTION WHEREAS, in order to protect the quality of life of its residents, it is in the best interests of the citizens of Hall County to prohibit unmuffled engine braking on roads subject to the jurisdiction of the County; WHEREAS, pursuant to Neb. Rev. Stat. § 23-103, the powers of the County as a body are exercised by the County Board of Supervisors ("Board"); WHEREAS, pursuant to Neb. Rev. Stat. § 23-104(6), the County has the power to do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers; WHEREAS, the Board is a local authority pursuant to Neb. Rev. Stat. § 60-628; WHEREAS, pursuant to NEB. REV. STAT. § 60-680(v), any local authority with respect to highways under its jurisdiction and within the reasonable exercise of the police power may adopt and enforce a 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. WHEREAS, pursuant to NEB. REV. STAT. § 60-680(v) and for purposes of this resolution, "Engine Braking" means a device that converts a power producing engine into a power-absorbing air compressor, resulting in a net energy loss. Typically, engine braking produces a loud sound. WHEREAS, pursuant to Neb. Rev. Stat. § 60-680(b), any local authority with respect to highways under its jurisdiction and within the reasonable exercise of the police power may regulate traffic by means of traffic control devices; WHEREAS, pursuant to NEB. REV. STAT. § 60-680(x), any local authority with respect to highways under its jurisdiction and within the reasonable exercise of the police power may adopt other traffic regulations not prohibited by state law or contrary to state law; WHEREAS, NEB. REV. STAT. § 60-670 provides that traffic control devices include any sign, signal, marking, or other device not inconsistent with the Nebraska Rules of the Road placed or erected by authority of the County for the purpose of regulating, warning, or guiding traffic; WHEREAS, NEB. REV. STAT. § 60-6,121 provides that County shall place and maintain such traffic control devices upon highways within its jurisdiction to carry out the provisions of the Nebraska Rules of the Road or to regulate, warn, or guide traffic; WHEREAS, NEB. REV. STAT. § 60-6,120 provides no local authority shall place or maintain any traffic control device upon any highway under the jurisdiction of the department, except by permission of the department, or on any state-maintained freeway of the state highway system. (ex