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VILLAGE OF TEQUESTA' Past Office Box 3273 • 357 Tcyucsta Dnve
fe Tequesta. Florida 33469-0273 • (407) 575.6200
t y1111��}}:� ° FAX: (407) 575-6203
MEMORANDUM
TO: Village Council •
FROM: Thomas G. Bradford, Village Manager 11.
DATE: June 10, 1992
SUBJECT: Ordinance Eliminating the Prohibition Against the
Sounding of Train Horns Between the Hours of 10:00
P.M. and 6:00 A.M. ; Agenda Item
It would appear that the whistle ban for railroad-highway grade
crossings issue has come to the point where the Village should
take action to eliminate its Ordinance prohibiting the same. I
point to Florida Statute 318.18, adopted by the 1992 Legislature,
as justification for eliminating Tequesta' s whistle ban.
First, Tequesta' s whistle ban is no longer valid. Second, FEC has
previously requested the- Village to remove its signs advising of
the whistle ban that is no longer valid. Third, to make
Tequesta' s whistle ban valid is cost prohibitive. In my
discussions with the Florida Department of Transportation, they
have informed me that it is estimated to cost approximately
$140, 000 to upgrade a highway crossing wherein a traffic
operations system is implemented to secure railroad-highway grade
crossings for the purpose of preventing vehicles from going
• around, under or through lowered railroad gates. This amounts to
a requirement for four longer gates per crossing, two gates for
each direction, in order to accomplish this requirement. If any
of the circumstances change, such as through the rule making
process, that would allow Tequesta to implement less costly
' control mechanisms, then I will return to the Village Council to
initiate the process to reimplement a whistle ban in Tequesta. In
the meantime, Tequesta cannot afford $140, 000 at its Tequesta
Drive crossing and we must address the discrepancy between
Tequesta' s Ordinance, our installed signs and the new Florida
Statute.
I recommend you adopt the attached Ordinance that repeals Section •
13-13 of the Tequesta Code of Ordinances. By adoption of this
Ordinance, you will eliminate the prohibition against the sounding
of train horns between the hours of 10:00 P.M. and 6:00 A.M.
TGB/krb
Attachment
Recycled Paper
Comments on the community s"Zd -A0 z
. . .
h® bearste.4 res ,„,., onsr.:, 111149
What has happened to the idea m»s� %� < %% ' '.° ' actions? as real problems, in some cases.
- ofpP� If thepresentgates, bells and But they have been overused to the'.
ac taking responsibility for one's {„ ,. lightsgpoint that theytrivialize the en
actions? at railroad crossings aren't g
There seems no limit to the de- enough to keep some people from nine wrongs which should be 1
gree that some people must be driving onto the tracks as a train fought.
saved from their own foolishness bears down on them, what makes Now,we are told, in effect, that
x .
— as shown by the Federal Rail- A J'-! , anyone think that longer gates or normal gates, bells and lights
road Administration's decision -, ' -A ,'+ma x more lights would work? aren't enough to warn people
that protected railroad crossings . ., . - Is it unreasonable to say that about trains—that if we don't pay
Ineed even more protection before people must use a modicum—just 'thousands of dollars to do even
train horns can be banned at night. ROGER a modicum — of intelligence in more, then we are somehow re
Under a 1984 state law, most n n� �nn their actions, and bear the conse- sponsible if someone commits a to-
Florida municipalities along the o V L�, US quences if they don't? tally asinine act.
Florida East Coast Railway line This tendency to avoid personal It would be good to see the cities
enacted ordinances to ban train b �.o r � �,.E�, '`�` responsibility, to transfer the along Florida's east coast raise this 4
horns between 10 p.m. and 6 a.m. blame or responsibility to someone issue in court.Let the courts decide ;
Jupiter and Tequesta were among such additional measure -- four — anyone—else, is prevalent to- what is a reasonable effort to pro-
them.The state said the bans could longer gates per crossing—is esti- day. tect public safety, and what re-,
be imposed only where the road mated to be $128,000. The towns Politicians point their fingers quirements would not be reasona-
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crossings were protected by gates, would have to pay the price. elsewhere when they deal with high ble.
bells and train-activated flashing The idea of government impos- taxes, big budget deficits and Government must continue to •
lights.Signs had to be posted,tell- ing safety standards is obviously a abuses of privilege. Drivers who protect us from legitimate dangers'
ing motorists there would be no good one. We have moved far be- get traffic tickets try to have them we cannot prevent alone.Agencies ,
warning horns during the affected yond the days when government fixed. People are quick to sue such as the Food and Drug Ad-
hours. assumed no responsibility for safe someone when their own foolish ministration. Occupational Safety"
These were sensible safeguards. food, safe water, safe medicine, behavior gets them in trouble. and Health Administration. Envi-
But last July,the FRA suddenly safe work places, safe roads, safe Corporations pay damages for ronmental Protection Agency and '
revoked those bans, citing a 195 waste disposal and safe consumer pollution or shoddy products but many others should continue their
percent increase in accidents at products. In these complex times, stress that they're not admitting essential work. .
those crossings between 1990 and people need protection from "fault." U.S. business people who But to ensure that necessary reg-
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1.991. The cities protested and the dangers they cannot control or are losing customers blame the ulations do not become easy tar-
federal government has come up reasonably be aware of on their Japanese or other foreign competi- gets for those who hate all govern=''
with a "compromise." own. tors instead of their own short- ment activism, we must avoid
The bans may be reinstated if Only the most extreme oppo- sightedness and mismanagement. unnecessary rules that threaten to
the crossings get further protection nents of government per se could Employees who don't advance taint the whole concept of guard-
to prevent people from going argue otherwise. blame psychological problems or ing public safety. The railroad
around the lowered gates,ignoring Still, it's legitimate to ask: Is discrimination instead of concen- crossing issue is a good place to
the flashing lights,and driving into there a limit? How far must we go trating on their own failings. start. The lowered gate is a good ,
the path of what they know is an to prevent people from taking ut- And on and on it goes. place to say: this is where personal
oncoming train. The cost of one terly stupid,illogical,even suicidal All these rationales surely exist responsibility begins.
FLORIDA . DEPARTMENT OF TRAM . non
LAWTO1 MUGS 605 Suwannee Street.Tallaha,.rr.florid.'S2 99-04. O.WATTS
OOVLMOR `
.An
/14qqek 8
May 19, 1992 O,c' `9A 9
/ t7
Thomas Bradford
Village of Tequesta
Post Office Box 3273
Tequesta, FL 33469
Dear Mr. Bradford:
SUBJECT: Florida Statute 318 . 18
In response to your request I am sending you a copy of Florida
Statute 318. 18. This statute allows for the Department of
Transportation and the Federal Railroad Administration to
authorize a municipality or county to implement a whistle ban for
railroad highway grade crossings where specific conditions are
met. These conditions are that the warning devise, in its most
restrictive mode, prevent a vehicle from going around, under, or
through the lowered railroad gate arms.
Please be aware that the statute also increases the penalty for
driving around lowered gates in any situation to fifteen hundred
dollars and that the statute will not become effective until
October 1, 1992 .
If you have any questions of need additional information about
this matter please call me at (904) 488-5704 .
Sincere y,
Henry E. Pelt, P.E. ,
Administrator, Rail Operations.
Enclosures
HEP/hp
ENROLLED
. 1992.Logisloturo' _ HS 1355, 3rd Engrossed
1992 Legislature Jib 1355, 3rd Engrossed
1
1 318.18 Amount of civil ponalties.--Tho ponalties
2 An act relating to railroads and other common
3 carriers; emending s, 318.18, F.S.; providing a 2 roquirod•for a noncriminal disposition pursuant to ss. .
3 316.2935(6) and 318.14(1), (2), and (4) are as follows:
4 civil penalty for failure to obey traffic
4 (13) Up to fifteen hundred dollars Tor a violation of
5 control requirements at railroad-highway grade
5 s. 316.1575.
6 crossings; amending s. 351.03, F.S.; 6 Section 2; Subsection (4) of section 351.03, Florida
7 authorizing municipalities and counties to
7 Statutes, is amended to road:
8 implement means to secure railroad-highway .
8 351.03 Railroad-highway grade-crossing warning signs
9 grade crossings against accidonts and, pursuant 9 and signals; audible warnings; exercise of reasonable care;
10 thereto, to pass ordinances prohibiting the 10 blocking highways, roads, and streets during darkness,--
11 sounding of audible train warning devices 11 (4)(a) The Department of Transportation and the
12 between certain hours; amending s. 351.034,
12 Federal Railroad Administration may authorize a municipality
13 F.S.; providing an exception to provisions
13 or county to implempnt a whistle ban Provided the following
14 requiring railroad-highway grade crossings to • 14 conditions are meta
15 be cleared for emergency vehicles; repealing s. •
15 1. A traffic operations system is .implemented to
16 351.003, F.S., relating to powers of the
16 mocuro railroad-highway grade crossings for the Purpose of
17 Florida Public Service Commission over 17 preventing vehicles from going around. under, or through
18 intrastate rail rates and practices; ropoaling
18 lowered railroad solos,
19 s. 351.009, F.S., relating to loos required to 19 2. The municipality or county has in effect an •
20 be paid by railroad companies to the 20 ordinanco that unconditionally prohibits the sounding of
21 commission; saving s. 361.025, F.S., and 21 railroad train horns and whistles during tho •hours of 10 P.m.
22 chapters 351 and 354, F.S., from Sunset ropoal; 22 and 6 a.'m, at all Public railroad-highway grade crossings
23 providing for future review and repeal;
23 within the municipality or county and whore the municipality,
24 providing an effective date.
25
• 24 county, or state has erected signs at the crossing announcing
25 that railroad train horns and whistles may not be mounded
26 Be It Enacted by the Legislature of the State of Florida: 26 during such hours. Signs so erected shall be in conformance
27 • _
27 with the uniform system of traffic control devices as
28 Section 1. Subsection (13) is added to section 318.18, 28 specified in s. 316.0745, No-railroad-train-of-a-railroad
29 Florida Statutes, to read:
29 company-operating-wholly-within-this-state-may-emit-an-audible
30
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30 warning-signal-between-the-hours-of-10-p:m:-end-6-a:m:-in
31 advance-of-any-public-railroad-highway-grade-crossing-with
1
2
CODING: Words stricken are deletions; words underlined are additions.
CODING: Words stricken are deletions; words underlined Cr. •dditioT
-ENROLLED
ENROLLED
1992 Legislature HB 1355, 3rd Engrossed
1992 Legislature • iiB 1355, 3rd Engrossed
1 train-activated-automatic-traffic-control-devices;-which 1 or-highway-in-this-state, upon the approach of any emergency
2 inciede-flashing-lights;-bells;-and-crossing-gatos,-whore-the
2 vehicle, which for the purpose of this law shall be:
3 municipality-or-coenty-has-in-effect-an-ordinance-that 3 (1) An ambulance operated by public authority or by_
4 anconditionaIIy-prohibits-the-sounding=of-raiiroad-train-horns
• 4 private persons;
5 end-whistles-daring-such-hours-at-all-public-railroad-highway 5
(2) A fire engine; or an emergency vehicle operated by
6 grade-crossings-so-signalized-within-that-mnnicipeiity-or
6 power or electric companion; or
7 coenty-and-where-the-municipality,-county;_er-state-has 7 (3) Any other vehicle whon operated as an emergency
8 erected-signs-at-the-crossings-involved-announcing-that 8 vohiclo, defined as one which is engaged in the saving of
9 railreed-train-horns-end-whistles-:nay-not-be-soanded-during 9 life
property, or responding to any other public peril; or
10 such-hours:--Signs-so-ereoted-shall-be-in-eenformance-with-the
10 (4) Emergency vehicles used as sucli.by the Government
11 uniform-systee-of-traffic-control-devices-as-specified-in-s:
11 of the United States; when upon the approach of such emergency
12 316:8745-
12 vehicle, such vehicle givoq due warning of its approach to
13 (b) Upon final approval and verification by tho 13 such crossing by tho soundingof sirens,srens, flashing of lights,
14 department and the Federal Railroad Administration that such 14 wavingof fl
u g, or any other warning sufficient to attract
15 traffic operations system meets all state and federal safoty 15 attontion to such emorgency vehicle; and thereupon the said
16 and traffic rogtylations and that such railroad-highway grade 16 train or equipment shall be cut and said crossing shall be
17 crossings can be secured. the municipality or county may pass 17 cloarod with all possible dispatch to permit the crossing and
18 an ordinance prohibiting the sounding of audible warning 18
• passing through of said emergency vehicle._ _
19 devices by train, upon approaching such railroad-highway grado 19 Soction 4. Roctions 351.003 and 351.009. Florida
20 crossings between the hours of 10 A.M. and 6 A.M. 20 Statutos, aro herein/ ronoeled.
21 (c)(b) Nothing in this subsection shall be construed 21 Soction 5. Notwithstanding the provisions of the
22 to nullify the liability provisions of s. 768.28.
22 Regulatory Sunset Act or of env other provision of law which
23 Section 3. Section 351.034, Florida Statutes, is 23 provides for roviow' and re nqal in accordance with A. 11.61.
24 amended to rend:
24 Florida Statutes. and except as otherwise provided heroin.
25 351.034 Railroad-highway grado Highway crossings to be 25 chapter 351. Florida Statutes, shall not stand repealed on
26 cleared for emergency vehicles.--Except for trains or 26 October 1. 1992, and shall continue in full force and effect
27 equipmont stoppod due to mechanical failure whore separation; 27 as amended horoin. -
28 or movement is not possible, any train trains or equipment 28 Soction 6. Chapter 351. Florida Statutes, is repealed
29 that has come to a complete stop and is blocking a railroad- 29 on October 1. 2002. and shall be reviowed by tho Legislature
30 highway grade crossing must shall be so cut, separated, or so 30 pursuant to s. 11,61. Florida Statutes,
31 moved, as to clear the any crossing of-any-public-road;-ztroot 31
3
4 .
•
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
•
ENROLLED
1992 Logislaturo - HB 1355, 3rd Engrossed
1 Section 7. Notwithstanding tho provisions of tho 1
2 Roqulatory Sunset Act or of any other provision of law which 2
3 provides for review and ropeal in accordanco with s, 11.61. 3
4 Florida Stotutos, chapter 354. Florida Statutes, shall not 4
5 stand ropoalod on October 1. 1992, and shall continuo in full 5
6 forco and effect, 6
•
7 Section 8. Chapter 354. Florida Statutes, is ropoalod 7
8 on Octobor 1. 2002. and shall bo roviowod by tho Logislaturo 8
9 pursuant to s. 11.61. Florida Statutes. 9
10 Soction 9. Notwithstanding tho provisions of the 10
11 Roqulatory Sunset Act of any other provision of law whic)1 11
12 provides for review and repeal in accordanco with s, 11,61. 12
13 Florida Statutes. section 361.025. Florida Stotutos, shall not 13
14 stand ropoalod on October 1, 1992. and shall continuo in full 14
•
15 forco and effect. 15
16 Section 10. ,Section 361.025. Florida Statutes, is 16
17 ropoalod on October 1. 2002. and shall bo reviewed by the 17
18 Legislature pursuant to s. 11.61, Florida Statutes. _ 18 •
19 Section 11. This act shell take effect October 1, 19
20 1992.
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22 .
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27
28
, 28
29
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5
CODING: Words stricken are delotions; words underlined are additions. CODING: Words stricken aro deletions; words underlined are additio
FLORIDA EAST COAST RAILWAY COMPANY
1tf) PRUDENTIAL DRIVE.SUITE 400.POST OFFICE BOX 1380
FEC JACKSONVILLE.FLORIDA 32201.1380
l?j(A. (904 ) 396-6600
�4j Ot nuary 20, 1992
�? lq Y
(:(17
ki i,9 le: 26722-1-A
fj
Mayor
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469
Re: Train Horn Ordinance
Dear Mayor:
. The train horn ordinance enacted by the Village of Tequesta
provides in part, that the Village of Tequesta shall post warning
signs in advance of all public grade crossings with automatic
crossing protection. The signs provide that no train horn will
be sounded between the hours of 10 :00 p.m. and 6 : 00 a.m.
On July 26, 1991 , the Federal Railroad Administration issued •
an Emergency Order directing the Florida East Coast Railway .
Company to sound an audible warning in advance of all grade
crossings during all hours of the day. The Railway complies .with
the terms of the Emergency Order.
It has come to our attention that the signs advising
motorists that train horns are not sounded between the hours of
10 :00 p.m. and 6 :00 a.m. remain in place. These signs create
confusion for the motoring public.
The Railway believes, in the interest of safety, it would be
appropriate for the Village of Tequesta to remove these signs.
Please give this matter your prompt attention. If you have
any questions or comments, please contact me.
2.7_f# tr ly yours, •
1\c,c
• 0 awrence Paine
General Attorney
LP:pdp
I
VILLAGE OF TEQUESTA
I Post Office Box 3273 • 357 Tequesta Drive
.� Tequesta, Florida 33469-0273 • (407) 575-6200
r�;\ Ai FAX: (407) 575-6203
January 27, 1992
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs
P.O. -Drawer E
West Palm Beach, Florida 33402-3475
RE: Ordinance Repealing Section 13-13 of the Village Code of
Ordinances
Dear Skip:
Attached hereto, please a copy of a letter dated January 20
received from Lawrence Paine, ' Esq. , General Attorney for the
Florida East Coast Railway Company. Pursuant to your previous
suggestion, I have prepared the attached draft ordinance to
accomodate the removal of the signs indicating a prohibition of
train horns from the hours of 10:00 P.M. to 6:00 A.M.
Please review the ordinance and make any necessary changes,
forwarding the same to me for inclusion with the agenda packets on
February 14, 1992, so that the ordinance may be 'read on first
reading at the February 20 Village Council Meeting.
Sincerely, "
/1 -7--7/
Thomas G. Bradford
Village Manager
TGB/krb
Attachment
c: Gary Preston, ' Director of Public Works & Recreation,
w/attachment
JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
506 SOUTH FLAOLER DRIVE
ELEVENTH FLOOR
LARRYS ALEXANDER MARK B.KLEINFELO P.O.DRAWER E HENRY F.ULIENTHAL
VINCENT J ALTINO MICHAEL T.KRANZ • WEST PALM BEACH.•FLORIDA 33402-3475 1003.IBSS
GEORGE H BAILEY JOHN M.LiROUX HARRY ALLISON JOHNSTON
KEVIN C.BEUTTENMULLER JOHN BLAIR MCCRACKEN (407)859-3000
MICHAEL 0.BROWN PAMELA A.MONIERNEY ISQ5.I943
RUTH P CLEMENTS TIMOTHY E.MONAGHAN FAX:(407)832.1464
SCOTT M COLTON OUT RABIOEAU R.BRUCE JONES ,
•
JOJCE A.CONWAY JOHN C.RANDOLPH 1001.1CN
MARGARET L.COOPER PAULA REVENE
BYRON R.CORNWELL ANDREW ROSS
REBECCA G.DOANE STEVEN J ROTHMAN PAUL C.WOLFE
RANDY 0.ELLISON PETER A.SACHS 1933.1011
L MARTIN FLANAGAN ANDREA J SAFKO WRITER'S DIRECT LINE: ,..
LORI E.HANDELSMAN JOEL T.STRAWN 1.44
SCOTT O.HAWKINS SIDNEY A.STUBBS.JR. '41 RETIRED
THORNTON M.HENRY ALLEN R.TOMLINSON WIWAM A.FOSTER
PETER S.HOLTON JOHN S.TRIMPER
REBECCA F.HUHTA • MICHAEL P.WALSH ' It4w.
J A.JURGENS H.ADAMS WEAVER /•` OTHER LOCATION
A +,rite Sr N.E.FOURTH AVE.
. 1 �L7J�/,�♦ �� DELRAY BEACH,FLORIDA»
August 7, 1991 A,/(• liOn
Mr. Thomas G. Bradford •-\;7
Village Manager \
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
RE: Village of Tequesta
Federal Railroad Administration Emergency Order No. 15
Use of Train Borne Audible Warning Devices
Dear Tom:
This is in response to your letter of August 1, 1991. It is my
recommendation that the first .step for the Village to take, in
order to comply with the Order issued by the Federal Railroad
Administration, is to abolish Section 13-13 of the Village Code
pertaining to sounding of train horns. Once that i"s done, the
Village can proceed to remove the signs. We may wish to adOpt the
FEC ordinance in one reading as an emergency ordinance.
Sincey 1. ,
Jo n C. Randolph .
JCR/ssm . •
ORDINANCE NO. 439
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
PROVIDING FOR THE REPEAL OF SECTION 13-13 OF THE
CODE OF ORDINANCES, TO ELIMINATE THE PROHIBITION
AGAINST THE SOUNDING OF TRAIN HORNS BETWEEN THE
HOURS OF 10:00 P.M. AND 6:00 A.M. ; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, as follows:
Section 1. Section 13-13 of the Code of Ordinances of the
Village of Tequesta is hereby repealed.
Section 2. If any provision of this Ordinance or the
application thereof is held invalid, such invalidity shall
not affect the other provisions or applications of this
Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions
of this Ordinance are hereby declared severable.
Section 3. Codification. This Ordinance shall be
codified and made a part of the Official Code of Ordinances
of the Village of Tequesta.
Section 4. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
THE FOREGOING ORDINANCE WAS OFFERED by
Councilmember , who moved its
adoption. The motion was seconded by
Councilmember and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of February, A.D., 1992.
MAYOR OF TEQUESTA
Earl L. Collings .
ATTEST:
Joann Manganiello
Village Clerk