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8 <br />ORDINANCE NO. 86- 45 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, <br />PROHIBITING THE SOUNDING OF RAILROAD TRAIN <br />HORNS AND WHISTLES BETWEEN 10:00 P.M. AND <br />6:00 A.M.; PROVIDING FOR INCORPORATION <br />IN CODE; PROVIDING FOR SEVERABILITY; AND <br />PROVIDING FOR EFFECTIVE DATE. <br />WHEREAS, the Board of County Commissioners of <br />Indian River County has determined that the sounding of <br />railroad train horns and whistles between the hours of 10:00 <br />p.m. and 6:00 a.m. creates an unnecessary nuisance to the <br />residents of the county; and <br />WHEREAS, Florida law provides that municipalities <br />or counties may enact ordinances prohibiting the sounding of <br />railroad train horns or whistles during the aforesaid hours. <br />NOW, THEREFORE, BE IT ORDAINED BY INDIAN RIVER <br />COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS that: <br />SECTION 1. <br />GENERAL_ PROVISIONS. <br />A. It shall be unlawful for any engineer, conduc- <br />tor, fireman or other person in charge of or in control of <br />any locomotive or railroad train of any railroad company <br />operating wholly within this state to sound any railroad <br />train horn, whistle or other audible warning signal between <br />10:00 p.m. and 6:00 a.m. in advance of or at any public <br />at -grade crossing located within the unincorporated areas of <br />Indian River County, providing that the crossing is equipped <br />with train activated automatic traffic control devices, <br />which shall i.nclude, flashing lights, bells and crossing <br />B. This section shall not be construed to prohibit <br />the operator of any railroad train to sound a railroad train <br />horn, whistle or other audible warning signal when it <br />appears reasonably necessary in order to avoid bodily injury <br />or in other emergency situations, including a malfunction of <br />the automatic traffic control devices. <br />1 <br />