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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. • • 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 % ~' ~ ATTES Villag Clerk