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JUS! 41996 �J�j/� <br />Boa 64 FrS:GC 611 <br />he has now received a copy of an ordinance from the City of <br />Melbourne similar to those of Fort Lauderdale, Oakland Park, and <br />New Smyrna Beach, all of which ban the train whistles during <br />certain night hours. He continued that after the research he has <br />done, he has gotten to the point where he feels more comfortable <br />about being able to say that for the convenience of our people, <br />the additional liability is a general liability that we can <br />adopt. He wished to know if the County Attorney was saying that <br />if we adopt the proposed ordinance it would be countywide and we <br />would be liable in the municipalities. <br />Attorney Vitunac clarified that the Board has the choice, <br />and if they have a concern about the liability, can make the <br />ordinance applicable just to the unincorporated area. He did not <br />believe there is a real liability question, however, as he felt <br />it is something where we are immune. <br />Commissioner Wodtke pointed out that there are no railroad <br />crossings in the county without gates. <br />MOTION WAS MADE by Commissioner Lyons, SECONDED by <br />Commissioner Wodtke, to instruct the County Attorney <br />to prepare a countywide ordinance prohibiting the <br />sounding of train whistles between the hours of <br />10:00 P.M. and 6:00 A.M. and advertise a public <br />hearing. <br />Commissioner Wodtke requested that the municipalities be <br />notified and invited to participate in the public hearing, and <br />Commissioner Lyons agreed to include this as a part of the above <br />Motion. <br />THE CHAIRMAN CALLED FOR THE QUESTION with the above <br />addition. It was voted on and carried unanimously. <br />22 <br />