89-O-36ORDINANCE 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
WHEREAS, Chapter 84-73, Laws of Florida, has amended Sec-
tion 351.03, Florida Statutes; and
WHEREAS, Subsection 3 of this Statute requires that any
railroad train approaching a public at -grade crossing emit an
audible signal; and
WHEREAS, Subsection 4a of this Statute provides that the
City, by Ordinance, may unconditionally prohibit the sound of
railroad horns and whistles from 10:00 p.m. to 6:00 a.m.; and
WHEREAS, the City Council of the City of Edgewater has
received requests from various citizens requesting the City to
enact such an Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. That the Code of Ordinances of the City of
Edgewater, Florida, is hereby amended to create Section 10-27(a)
to read as follows:
Section 10-27(a), Prohibiting Train Whistles.
Every railroad train of a railroad company operating
wholly within the State of Florida is hereby
unconditionally prohibited from emitting an audible
warning signal and/or sounding a railroad train horn or
whistle between the hours of 10:00 p.m. and 6:00 a.m.
the next day in advance of any public at -grade crossing
having train activated automatic traffic control
devices which include flashing lights, bells, and
crossing gates and where the City signs are erected at
such public at -grade crossings having traffic control
devices announcing that railroad train horns and
whistles will not be sounded during the aforesaid hours.
SECTION 2. That Section 10-28 (10) of the Code of
Ordinances of the City of Edgewater, Florida, be amended as
*Deleted language has been lined through and new language
underscored.
l
follows:•
Section 10-28. Same -Exemptions
The following uses and activities shall be exempt from noise
level regulations except as listed in Table I.
(10) All noises coming from the normal operations of
railroad trains except as provided in Section 10-27(a), City
Code, are exempt from Table II.
SECTION 3. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 4. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 5. 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 Councilwoman Bennington
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a Regular meeting of
said Council held on the 6 day of November , 1989.
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 20th day of November , 1989.
ROLL CALL VOTE ON ORDINANPENO. 89-0-36
SECOND READING:
ayor
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Regular
water, Florida,
1989.
ading at a
meeting of the City Council of the City of Edge -
and authent' ated this 20 day of November ,
a or
This 0 dinance pre
City Attorney