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11/12/2019
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11/12/2019
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WHEREAS, such posting shall comply with the requirements of the Manual on Uniform <br /> Traffic Control Devices for Streets and Highways, such Manual having been adopted by the State of <br /> Nebraska pursuant to Neb. Rev. Stat. § 60-6,118; and, <br /> WHEREAS, pursuant to Neb. Rev. Stat. § 60-6,119,the driver of any vehicle shall obey the <br /> instructions of any traffic control device applicable thereto placed in accordance with the <br /> Nebraska Rules of the Road; <br /> WHEREAS, pursuant to NEB. REV. STAT. § 60-678, any person who violates regulations <br /> adopted by a local authority shall be guilty of a Class III misdemeanor; <br /> WHEREAS, the Board adopted prior regulations regarding engine braking on: <br /> • February 12, 2002, under Resolution No. 02-0012, prohibiting engine brake usage on <br /> Gunbarrel Road between U.S. Highway 30 and U.S. Highway 34 and on Shady Bend Road <br /> between U.S. Highway 30 and U.S. Highway 34, <br /> • July 15, 2003, under Resolution No. 03-0048, prohibiting engine brake usage on Airport <br /> Road between U.S. Highway 281 and St. Paul Road, <br /> • October 7, 2003, under Resolution No. 03-0049, prohibiting engine brake usage on <br /> Guenther Road between U.S. Highway 281 and North Road, and <br /> • October 7, 2003, under Resolution No. 03-0072, prohibiting engine brake usage on Giltner <br /> Road, One-Half Mile east to South Locust Street, <br /> all prohibiting engine braking on the above-mentioned public roads in Hall County ("County") <br /> subject to the jurisdiction of the Board; <br /> WHEREAS, the Board determines it is in the best interest of Hall County to consolidate all <br /> engine braking resolutions into one resolution and to rescind all prior resolutions prohibiting <br /> engine braking, specifically Resolutions: No. 02-0012, No. 03-0048, No. 03-0049, and 03-0072; <br /> WHEREAS, the Board believes that it is in the best interests of the citizens of the County to <br /> expand the areas where engine braking is prohibited within the county, <br /> WHEREAS, unmuffled engine braking shall not be prohibited on any road within the <br /> National System of Interstate and Defense Highways that has a grade of five degrees or greater <br /> within the Board's jurisdiction; <br /> WHEREAS, the Hall County Engineer ("Engineer") in the Engineer's capacity as <br /> County Highway Superintendent, has control, government, and supervision of all the public roads <br /> and bridges in the County under the general supervision and control of the Board pursuant to Neb. <br /> Rev. Stat. § 39-1507; <br /> NOW, THEREFORE, BE IT RESOLVED by the Board that Resolutions No. 02-0012, No. <br /> 03-0048, No. 03-0049, and 03-0072 are rescinded. <br /> BE IT FURTHER RESOLVED, pursuant to the authority stated above, unmuffled engine <br /> braking is prohibited as posted on all public roads in Hall County subject to the jurisdiction of the <br /> County Board and otherwise in compliance with the law listed above. <br />
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