HomeMy WebLinkAboutOrdinance_288_01/13/1981• •
ORDINANCE N0. 2$$
AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA,
REGULATING THE BLOCKING OF RAILROAD CROSSINGS
WITHIN THE VILLAGE BY RAILROAD COT~PANIES OPERA-
TING WITHIN THE VILLAGE OF TEQUESTA; PROVIDING
A PENALTY FOR VIOLATION OF THIS ORDINANCE;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY TiiE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, as follows:
Section 1. No public street or vehicular crossing in
the Village shall be blocked, closed, or obstructed by a train,
locomotive or other railroad vehicle for a period of more than ten
(10) minutes except in an emergency and except for the following
times which are specifically stated as follows:
(1) No railroad locomotive, railroad car, train or other
'railroad vehicle shall block, obstruct or close any public street or
vehicular crossing in the Village for longer than five (5) minutes
between the hours of 7:00 a.m. to 9:00 a.m., 11:30 a.m. to 1:30 p.m.
and 4:00 p.m. to 6:00 p.m., r~onday through Friday.
Section 2. Railroad trains or equipment shall be
separated, cut or moved to clear the railroad track crossing any
public road or street within the Village upon the approach of an
emergency vehicle upon notification or by the sounding of sirens,
flashing of lights, waving of flags or any other warning sufficient
to attract attention to such emergency vehicle defined as follows:
(1) An ambulance responding to an emergency call
or transporting a person under emergency
conditions;
(2) A fire engine or other emergency vehicle engaged
in the saving of life, property or responding
to any other public peril;
(3) Any other emergency vehicle or any other vehicle
when operated as an emergency vehicle defined
as a vehicle which is engaged in the saving of
life, property or responding to a public peril.
Section 3. The personnel of any railroad company
operating or in charge of the operation of any train, railroad car
or railroad equipment in violation of this Ordinance, except in
•
cases of emergency, shall be liable when it is due to the sole fault
of such personnel and at all other times the railroad shall be
responsible.
Section 4. The railroad company shall be responsible
for the acts of its agents and employees for the violation of this
Ordinance unless its agents and employees are acting beyond the
scope of their authority.
Section 5. Any person, firm, or corporation in violation)
of this Ordinance shall be punished under the general penalty provi-
sions of the Code of Ordinances of the Village of Tequesta.
Section 6. Permission to codify this Ordinance is hereby
granted.
Section 7. This Ordinance shall take effect immediately
upon its adoption and approval.
THE FOREGOING ORDINANCE was offered by Councilmember
James H. Ryan who moved its adoption. The Ordinance
was seconded by Councilmember Thomas J. Little and upon
being put to a vote, the vote was as follows:
FOR ADOPTION
AGAINST ADOPTION
Leslie A. Cook
Thomas J. Little
W.H. Mapes, Jr.
James H. Ryan
Carlton D. Stoddard
The Mayor thereupon declared the Ordinance duly passed
land adopted this 13 day of January , 1981.•
MAYOR OF TEQUESTA
->~i%
(ATTEST:
V4~llage Clerk