HomeMy WebLinkAboutOrdinance_329_09/11/1984• •
ORDINANCE NO. 329
AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING
FOR THE PROHIBITION OF THE SOUNDING
OF TRAIN HORNS AND WHISTLES AT SIGNALIZED
CROSSINGS BETWEEN 10:00 P.M. and 6:00 A.M.
WHERE THE VILLAGE HAS ERECTED TRAFFIC
SIGNS ANNOUNCING TO MOTORISTS THAT
RAILROAD TRAIN HORNS AND WHISTLES WILL
NOT BE SOUNDED DURING SAID HOURS; DIRECTING
THAT THE VILLAGE MANAGER IDENTIFY ALL
SUCH INTERSECTIONS WITHIN THE VILLAGE
AND CAUSE TO BE ERECTED AT SAID INTERSECTIONS
IN ACCORDANCE WITH STATE LAW TRAFFIC
SIGNS WARNING MOTORISTS THAT RAILROAD
TRAIN HORNS AND WHISTLES WILL NOT BE
SOUNDED DURING THE HOURS OF 10:00 P.M.
to 6:00 A.M.; DIRECTING THE VILLAGE
MANAGER TO NOTIFY RAILROAD COMPANIES
OPERATING WITHIN THE STATE OF THE ENACTMENT
OF THIS ORDINANCE; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE OF OCTOBER 1, 1984.
WHEREAS, the 1984 Florida Legislature enacted
Chapter 84-73, General Laws of Florida, to permit a municipality
to unconditionally prohibit the sounding of railroad train
horns and whistles during the hours of 10:00 p.m. to 6:00 a.m.
at all public at-grade signalized railroad crossings where
that city has erected signs announcing to motorists that railroad
train horns and whistles will not be sounded during said hours;
and
WHEREAS, it appears to be in the best public interest
that the Village Council enact such an ordinance to enhance
the peace and tranquility of the community.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA that:
Section 1. It shall be unlawful for a railroad train,
approaching a public at-grade crossing having train-activated
automatic traffic control devices, including flashing lights,
bells and crossing gates, to emit an audible warning signal
in advance of said intersection between the hours of 10:00 p.m.
and 6:00 a.m. This prohibition shall not apply to any such
intersection where the Village has failed to erect traffic
signs in accordance with state law announcing to motorists
that railroad train horns and whistles will not be sounded
during said hours.
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Section 2. The Village Manager shall identify all
railroad crossing intersections within the Village which are
signalized with train-activated automatic traffic control devices
including flashing lights, bells and crossing gates. Prior
to October 1, 1984, the Village Manager shall cause to be erected
at all such intersections traffic signs in accordance with
state law announcing to motorists that railroad train horns
and. whistles will not be sounded during the hours between 10:00 p.
to 6:00 a.m.
Section 3. The Village Manager shall notify all
railroad companies operating within the state of the enactment
of this ordinance.
Section 4. In the event that any section, subsection,
clause, sentence or provision is held invalid, the remainder
of this Ordinance shall not be affected by such invalidity.
Section 5. Permission to codify this Ordinance is
hereby granted.
Section 6. This Ordinance shall take effect on
October 1, 1984.
THE FOREGOING ORDINANCE was offered by Councilmember
W. Harvey Mapes, JR. who moved its adoption. The
Ordinance was seconded by Councilmember William E. Wagar
and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Lee M. Brown
W. Harvey Mapes, Jr.
Arthur Muruh
Carlton D. Stoddard
William
The Mayor thereupon declared the Ordinance duly passed
and adopted this 11th day of September , 1984.
MAY;~IR OF TEQUE~ST
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ATTES
Villag Clerk