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Bayfield Town Board discusses engine brake noise

Local ordinance would be tough to enforce, Marshal says

Should Bayfield prohibit use of engine brakes, also known as Jake brakes, by semis passing through town on Highway 160?

Town trustees discussed the issue on June 7. "We've had a couple people contact us about this, the noise, especially late at night," Town Manager Chris La May said.

Colorado Department of Transportation suggested the town could pass an ordinance, and CDOT would put up signs, he said but added, "We have little jurisdiction over Highway 160. We may not be able to enforce it outside town boundaries."

The north and south halves of town are connected by a narrow stretch of land at Commerce Drive. The rest of the highway from Eight Corners to the east edge of town has not been annexed.

That's the other option, La May said. That would provide jurisdiction over noise, speeding, and other traffic violations. "Now, if there's an accident, we are often the initial response, but the State Patrol takes over the investigation," he said. "If we annex, it would be the town responsibility."

And because the highway right-of-way is CDOT property, their chief engineer would have to be the applicant for annexation, he advised.

Mack Coker, who owns and operates the Riverside RV Park, told trustees that signs prohibiting Jake brakes are not just about the noise, they are part of town branding. Like signs for local civic groups, "it tells you something about the town," he said. "I'm not proposing that we give the marshal's office a lot more to do." He noted signs at the north edge of Durango warning of noise ordinance enforcement.

"Adopt an ordinance that's been approved by someone else," he suggested. "I travel a lot. I market Bayfield." He argued there's no reason for semis coming into town from the west or east to use engine brakes unless "they are flying." Coker continued, "It's not about enforcement. It's showing what our town is about."

Marshal Joe McIntyre commented, "The biggest issue for us is being able to enforce it. We only have a 200-yard section where we can enforce it. We can't enforce it on the highway. I don't necessarily oppose annexing that. Deputies would need more training for accident investigation if CSP doesn't do it, especially at the stoplight. I couldn't guarantee to people on the east end or Mack that we can sit there for hours to enforce it. ... If we take over 160, could we do additional enforcement? Yes, but we can't dedicate to that unless the town lets me hire more folks."

Mayor Matt Salka asked about the cost of a couple signs.

La May speculated a couple thousand dollars. "It's not just a green pole in the ground," he said.

Coker said he offered to pay for one sign and was quoted $300 to $400 by Alert Signs. They would put the sign up, but he didn't know if there would be an additional charge. "Put the signs up," he urged.

In his staff report, La May wrote, "I am of the opinion that putting a program in place will take significant Town resources, which will ultimately be difficult to enforce. Therefore, I question moving forward and spending staff effort and time developing an ordinance that will be challenging to enforce. I would however suggest that moving forward with the posting of signage stating that "State Law, Engine Brake Muffler Required" may have some merit, but admittedly it really leaves it to the driver to act responsibly and there is cost for sign installation to the Town."

Trustees agreed La May should come back with costs.