HomeMy WebLinkAboutO-89-11ORDINANCE NO. O-89-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REGULATING THE SOUNDING OF RAILROAD
TRAIN HORNS BETWEEN CERTAIN HOURS; ADOPTING CERTAIN
PROVISIONS OF THE FLORIDA STATUTES PERTAINING TO
RAILROAD-HIGHWAY GRADE CROSSINGS; PROVIDING FOR
PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has
provided that no railroad train, of a railroad company operating
only within this State, may emit an audible warning signal
between specified evening hours if a local ordinance proscribing
such activity is in effect; and
WHEREAS, there exist public railroad-highway grade crossings
within the City of Sebastian; and
WHEREAS, such track crossings are equipped with train
activated automatic traffic control devices; and
WHEREAS, the residents of the City have petitioned the City
Council to enact an ordinance proscribing the emitting of an
audible train warning signal.
SECTION 1. HORNS PROHIBITED. The sounding of railroad
train horns, whistles, and other audible warning signals, at all
public railroad-highway grade crossings which are equipped with
train activated automatic traffic control devices, is
unconditionally prohibited between the hours of 10:00 p.m. and
6:00 a.m.
SECTION 2. STATUTES ADOPTED. The provisions of Section
351.03, Florida Statutes (1987), as amended, are hereby adopted
as an Ordinance of the City.
SECTION 3. PENALTY. Any person who violates any
provision of this Ordinance is guilty of a misdemeanor of the
second degree, punishable as provided in Section 775.082 or
Section 775.083, Florida Statutes (1987), as amended.
SECTION 4. CONFLICT. Ordinances O-88-10 and all other
Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
SECTION 5. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Code of
Ordinances of the City of Sebastian, Florida; that the sections
of this Ordinance may be renumbered or relettered to accomplish
such intention; and that the words "ordinance" may be changed to
"section", "article", or other appropriate designation.
SECTION SEVERABILITY. In the event a court of competent
3urisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it will be presumed that the
City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision thereby causing said remainder to remain in full force
and effect.
SECTION . EFFEC?IV~ DATE. This Ordinance shall become
effective on the thirtieth (30th) day after its adoption.
The foregoing Ordinance was moved for adoption by Councilman
was as follows:
The motion was seconded by Councilman
and, upon being put to a vote, the vote
Mayor Richard Votapka
Vice-Mayor Robert McCarthy
Councilman Robert McCollum
Councilman Francis Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this ..... /~ day of <.~ /~. , 1989.
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
~a~hr~ M. O'Haiforan, ~MC/AAE
City ~lerk
2
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by State Statute, that one .~blic hearing was held on
this Ordinance at 7:00 p.m. on the /~ day of ~J~ ,
198.., and that following said public hearing, this OrdinanCe was
passed by the City Council.
Kathry~M. O'Halloran, CMC/AAE
City C~erk
App~v~d 9s to Form and Content:
Charles Ian Nash, City Attorney