91-O-8
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ORDINANCE NO. 91-0-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, REPEALING ORDINANCE NO. 89-0-36 IN
ITS ENTIRETY WHICH PROHIBITED THE SOUNDING OF RAILROAD
TRAIN HORNS AND WHISTLES BETWEEN 10: 00 P.M. AND 6; 00 A.M.
AT ALL PUBLIC AT-GRADE CROSSINGS HAVING TRAIN ACTIVATED
AUTOMATIC TRAFFIC CONTROL DEVICES; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 20, 1989, Ordinance No. 89-0-36 was
enacted by the City Council of the City of Edgewater, Florida,
which ordinance prohibited the sounding of railroad train horns and
whistles between 10:00 p.m. and 6:00 a.m., pursuant to Chapter 351,
Florida Statutes. A copy of said Ordinance is attached hereto as
Appendix "A" and made a part hereof by reference.
WHEREAS, the Federal Railroad Administration has ordered the
Florida East Coast Railway Company to resume sounding its horns and
bells during nighttime hours at all public crossings.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1: That Ordinance No. 89:0-36:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, CREATING 10-27 (a) OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PROHIBITING
THE SOUNDING OF RAILROAD TRAIN HORNS AND WHISTLES BETWEEN
10: 00 P.M. AND 6: 00 A.M. AT ALL PUBLIC AT-GRADE CROSSINGS
HAVING TRAIN ACTIVATED AUTOMATIC TRAFFIC CONTROL DEVICES;
AMENDING SECTION 10-28 (10) OF THE CITY CODE; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
is hereby repealed in its entirety.
SECTION 2: That all ordinances of the City Code, or parts
thereof, and all resolutions in conflict herewith, be and the same
are hereby repealed in their entirety. Specifically, Section 10-
27 (a) and the amendment to Section 10-28 (10) of the City Code are
hereby repealed in their entirety.
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SECTION 3:
If any section, part of a section, paragraph,
clause, phrase or word of this Ordinance is declared to be invalid,
the remaining portions hereof shall not be affected and this
included herein.
Ordinance shall be construed as if such portion had not been
SECTION 4: This Ordinance shall take effect immediately upon
its adoption by the City Council of the City of Edgewater, Florida
and approval as provided by law.
This Ordinance was introduced by Councilperson Martin
This Ordinance was read on first reading and passed/failed by
approval as provided by law, at a Regular
a vote of the City Council of the City of Edgewater, Florida, and
Council held on the
5
day of August
, 199~.
meeting of said
The second reading of this Ordinance to be at a Regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the 28
day of
August
, 199..1....
ROLL CALL VOTE ON ORDINANCE NO. 91-0-8:
FIRST READING:
~OUNCILPERSON - ZONE TWO
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COUN ILPERSON - ZONE THREE
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COUNCILMAN - ONE FO R
SECOND READING:
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Ord. 91-0-8
read and adopted on second reading at a Pc•
City Co ncil of the City of Edgewater, Florida, and
-his 6 dat of19,U& 199L.
MAYOR
Approved for form:
Interim City Attorney
Ord. 91-0-8