HomeMy WebLinkAboutDocumentation_Regular_Tab 9D_6/18/1992 ,_ ,.
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96.--, ..- VILLAGE OF TEQUESTA _
6 ' Pust Office Box 1271 • 157 'request,' rive
.•'�,{•h u��e I quest,', Florida 3346�9.0271 • (407) 575-6200
s `���}'�- ° FAX. (407) 575 f1201
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MEMOI.ANDLJM
TO: Village Council
FROM: Thomas G. Bradford, Village Manager- 7
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First, Tequesta' s whistle ban is no longer valid.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the whistle ban that is no longer valid.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
•
ORDINANCE NO.
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
r
Comments on the community s--7_4:0 z
N1 J•a• ,,FF 4al y resi. otsiihty?
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What has happened to the idea rmsmimm.itiavommismoism actions? • as real problems, in some cases. •
of taking responsibility for one's If the present gates, bells and But they have been overused to the'.
"''' a lights at railroad crossings aren't point that they trivialize the gen
actions? - '
. There seems no limit to the de- # . • - enough to keep some people from uine wrongs which should be
gree that some people must be t.}), 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 .
— as shown by the Federal Rail- ;: anyone think that longer gates or normal gates, bells and lights '
road Administration's decision r �, r,.� k•• more lights would work?, aren't enough to warn people
---• `1}a Is it unreasonable to saythat about trains—that if we don't pay ,
that protected railroad crossings �
need even more protection before 22�� people must use a modicum—just thousands of dollars to do even
train horns can be banned at night. °ROB CLSUS a modicum — of intelligence in more, then we are somehow re- ;
• Under a 1984 state law, most nn their actions, and bear the conse- sponsible if someone commits a to-
Florida municipalities along the o VC�p n 11�V�/�° LET°R 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 ' � responsibility, to transfer 'the along Florida's east coast raise his
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-
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. En.i-
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-
1991. 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 TRANS = a TIOr
IAWfO11 Cf11L[S ''""-' 605 Suwannee Sln•c(.Tallaha..ec Florida 12.149•045V )1)'. O.WATfs
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May 19, 1992 0�� : `,)k 9
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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. Logislaturo NB 1355, 3rd Engrossod 1992 Logislaturo 118 1355, 3rd Engrossed
1 1 318.18 Amount of civil ponaltios.--Tho ponalties
2 An act relating to railroads and other common 2 roquirod,for a noncriminal disposition pursuant to ss. .
3 carriers; amending s. 318.18, F.S.; providing a 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 fiftoen hundred dollars for a violation of
5 control requirements at railroad-highway grado 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 read:
8 implement means to secure railroad-highway 8 351.03 Railroad-highway grade-crossing warning signs
9 grade crossings against accidents 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 mot:
15 be cleared for emergency vehicles; repealing s. 15 1. A traffic operations system is implemented to
16 351.003, F.S., relating to powors of tho 16 secure railroad-highway grade crossings for the purpose of
17 Florida Public Service Commission over 17 proventinq vehicles from going around. under, or through
16 intrastate rail rates and practices; ropoaling 18 lowered railroad gatos.
19 s. 351.009, F.S., relating to foos roquirod to 19 2. Tho municipality or county has in effect an
20 be paid by railroad companies to the 20 ordinance that unconditionally Prohibits tho sounding of
21 commission; saving s. 361.025, F.S., and 21 railroad train horns and whistles during the hours of 10 a.m.
22 chapters 351 and 354, F.S., from Sunsot 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 where the municipality.
24 providing an effective date. 24 county, or state has erected signs at the crossing announcing
25 25 that railroad train horns and whistles may not bo sounded
26 Bo It Enacted by the Legislature of the State of Florida: 26 during such hours. Signs so erected shall be in conformance
27 • 27 with tho uniform system of traffic control devices as
28 Section 1. Subsection (13) is addod to section 318.18, 28 specified in s, 316.0745. No-raiiroad-train-of-a-railroad
29 Florida Statutes, to road: 29 company-operating-wholly-within-this-state-may-emit-an-audible
30 30 warning-signal-botxoon-the-hours-of-18-p:m:-and-6-a:m:-in
31 31 advance-of-any-pabiic-railroad-highway-grade-crossing-with
1 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additioi
ENROLLED
ENROLLED -
1992 Legislature IIB 1355, 3rd Engrossed
1992 Legislature IiB 1355, 3rd Engrossed
1 trein-activated-automatic-traffic-control-dovices;-which
1 or-highway-in-this-state; upon the approach of any emergency
2 include-flashing-sights;-bolls;-and-crossing-gates;-whero-the
2 vehicle, which for the purpose of this low shall bo:
3 municipality-or-county-has-in-offect-an-ordinance-that
3 (1) An ambulance operated by public authority or by
4 unconditionally-prohibits-the-sounding-of-railroad-train-horns
4 private persons;
S end-whistles-during-such-hears-at-ail-public-railroad-highway 5 (2) A fire ongino; or an emergency vehicle operated by
6 grade-crossings-so-signalized-within-that-municipality-or
6 power or electric companies; or
7 county-end-whore-the-municipality;-county?-or-state-has 7 (3) Any othor vohiclo whon operated as an omorgoncy
8 erected-signs-at-the-crossings-involved-Announcing-that 8 vohiclo, defined as ono which is engagod in tho saving of
9 railroad-train-horns-and-whistios-may-not-be-soondod-during
9 life, property, or responding to any other public peril; or
10 such-hours:--Signs-so-erected-shall-be-in-conformance-with-the
10 (4) Emergency volticles used as sucli‘by the Government
11 uniform-system-of-traffic-control-dovicos-as-specified-in-s: 11 of the United States; when upon the approach of such emergoncy
:12 316:87,,5
12 vehicle, such vehicle gives due warning of its approach to
13 (b) Upon final approval and verification by tho
13 such crossing by tho sounding of sirens, flashing of lights,
14 dopartment and the Federal Railroad Administration that such 14 waving of flag, or any other warning sufficient to attract
15 traffic operations system moots all state and federal safety 15 attention to such omorgoncy vehicle; and thereupon the said
16 end traffic regulations and that such railroad-highway grade 16 train or oquipmont shall be cut and said crossing shall be
17 crossings can bo secured, the municipality or county may pass 17 cloarod with all possible dispatch to pormit the crossing and
18 an ordinance Prohibiting the seundinq of audiblo warning 18 passing through of said emergency vehicle._ —
19 dovicos by trains upon approaching such railroad-hiohWaY grade 19 Soction 4. Suctions 351,003 and 351.009. Florida
20 crossings between the hours of 10 P.M. and 6 a.m. 20 Statutes, are hereby repealed. ' '
21 (c)(b) Nothing in this subsection shall bo construed
21 Soction 5. Notwithstanding the provisions of tho
22 to nullify the liability provisions of s. 768.28. 22 Roqulatory Sunset Act or of ary other Provision of law which
23 Section 3. Section 351.034, Florida Statutes, is
23 provides for review and renoal in accordance with A. 11.61.
24 amended to read:
24 Florida Statutes, And *scoot as- otherwise Provided heroin.
25 351.034 Railroad-highway grpdo Highway crossings to be 25 chapter 351, Florida Statutes, shall riot stand repoalod oq
26 cleared for emergency vehicles.--gxcept for trains or 26 October 1, 1992. and shall continue in full force and effect
27 equipment stoppod due to mechanical failure whero soparatioq 27 as amondod heroin,
28 or movement is not possible, any train trains or equipment 28 Soction 6. Chapter 351. Florida $tetutos. is repoalod
29 that has come to a complete stop and is blocking a railroad- 29 on October 1, 2002, and shall bo reyiowod by tho Logislature
30 highway grade crossing must shall be so cut, separated, or so 30 pursuant to s. 11.61, Florida Statutes,
31 movod; as to clear the any crossing of-any-public-road;-stroot - 31
3
4
CODING: Words stricken are deletions; words underlined aro additions. CODING: Words stricken aro deletions; words undorlined are additions.
ENROLLED
1992 Legislature HB 1355, 3rd Engrossod
1 Soction 7. Notwithstanding tho provisions of tho
1
2 Roqulatory Sunsot Act or of any other provision of law which
2
3 provides for roviow and ropeal in accordanco with s. 11,61. 3
4 Florida Statutes, chapter 354. Florida Statutes, shall not 4
5 stand ropoalod on October 1, 1992. and shall continuo in full 5
•
6 forco and offoct,
6
7 Section 8. Chapter 354, Florida Statutes, is ropealocL 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 tho
10
11 Roqulatory Sunsot ACt or of any othor provision of law which 11
12 provides for review and repeal in accordanco with s, 11,61.
12
13 Florida Statutos. section 361.025. Florida Statutos, shall not
13
14 stand ropoalod on October 1. 1992. and shall continuo in full, 14
15 forco and effect,
15
16 Soction 10. Section 361,025, Florida Statutos, is
16
17 ropoalod on October 1. 2002, and shall bo reviewed by the
17
18 Logislature pursuant to s, 11.61. Florida Statutes.
- 18
19 Section 11. This act shall take effect October 1,
19
20 1992.
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CODING: Words stricken aro deletions; words undorlinod are additions.
CODING: Words stricken are deletions; words undorllnod are addition
FLORIDA EAST COAST RAILWAY COMPANY
PRUDENTIAL DRIVE SUITE 400.POST OFFICE ROI 1380
'S JAGKSONVILLE.FLORIDA 32201.13H0
.FEC
( 904 ) 396-6600
_ 4144i 00- 0, nuary 20, 1992
141
co
oqy��CF�99� le: 26722-1-A
FjFe9'
N, CF S
I !
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.
`V IJy tr ly yours,
awrence Paine
General Attorney
LP:pdp
,,---I .) VILLAGE OF TEQUESTA
__Z ►• ' I ii Post Office Box 3273 • 357 Tequesta Drive
• ;- Tequesta, Florida 33469-0273 • (407) 575-6200
vj:v ,!�►�:'� FAX: (407) 575-6203
Gyti
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 maybe read on first
reading at the February 20 Village Council Meeting.
Sincerely,
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 •
605 SOUTH FLAMER DRIVE
ELEVENTH FLOOR
LARRY B ALE%ANDER MARK KLEINFELD
P.O. DRAWER E HENRY F LIII[NTHAL
VINCENT J ALTINO MICHAEL T KRANZ WEST PALM BEACH',FLORIDA 33402-3475 19°?1992
GEORGE H BAILEY JOHN M UROU% HARRY ALLISON JOHNSTON
KEVIN C BEUT TENMUL LER JOHN BLAIR McCRACKEN (407)659-3000
MICHAEL 0 BROWN PAMELA A.MGNIERNEY 1995.,993
RUTH P CLEMENTS TIMOTHY E MONAGHAN FAX: (407)832-1464
SCOTT M COLTON GUY RABIDEAU R BRUCE JONES
JOYCE A CONWAY JOHN C.RANDOLPH
MARGARET L COOPER PAULA REVENE 19061999
BYRON R CORNWELL ANDREW ROSE
REBECCA O DOANE STEVENJ ROTHMAN PAULC WOLFE
RANDY 0 ELLISON PETER A SACHS ` � _ - 1933.1991
L MARTIN FLANAGAN ANDREA J SAFKO WRITER'S DIRECT LINE: _ _
LORI E HANDELSMAN JOEL T.STRAWN �� �•
SCOTT G.HAWKINS STONEY STUBBS.JR RE TIRED
A.
THORNTON M.HENRY ALLEN R.TOMLINSON ~��_ _ WILLIAM A.FOSTER
PETER S HOLTON JOHN S TRIMPER - // ' �� %.
REBECCA F HUHTA MICHAEL P WALSH
J A.JURGENS H ADAMS WEAVER 4/ ����` OTHER LOCATION
/F 'tT 54 N E.FOURTH AVE
�L71 /�, �'a t DELRAY BEACH.FLORIDA 33493
August 7 1991 k!'' u /0
g 4 w61_ .q
Q• UA,,
Mr. Thomas G. Bradford "'
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 is done, the
Village can proceed to remove the signs. We may wish to adopt the
FEC ordinance in one reading as an emergency ordinance.
Sincer 1 ,
Jo n C. Randolph
JCR/ssm