11/18/1986 - Laserfiche WebLink

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and put up signs only to have to remove them later when the cities except themselves. Commissioner Bird was concerned about deleting the paragraph which would allow the railroad engineers to blow the horn in an emergency situation as he was not sure about the liability situation this would put the county in. Attorney Wilson advised that he was convinced that if anyone has any liability, it won't be the county; it will be the FEC. From a legal standpoint, the statute that authorizes us to pass this ordinance requires an unconditional prohibition, and after discussing this with several other counties, it was his opinion that the ordinance would be invalid if it did not include that condition. Mr. Risner of the FEC is present and can advise what FEC's policy will be. It has been indicated that in an emergency, they will blow the horn. Commissioner Bird asked if Mr. R'isner was willing to put that statement in writing. Mr. Risner informed the Board that he is not authorized to do that, but he believed Attorney Wilson's interpretation of the statute is correct and he has been through the enactment of some 25 such ordinances. Commissioner Bird found it hard to believe it was the Legislature's intent that this would be absolutely prohibited in an emergency situation, and Chairman Scurlock felt it was because of the enforcement problem. The Chairman asked if anyone present wished to be heard. George Koraly, Riverview Drive, Sebastian, believed the FEC already has been cutting down on the indiscriminate horn blowing that previously had taken place and expressed his thanks for that, but also noted that the horns sometimes are blown just after crossing the Sebastian River, and he would like the train crews notified this is not necessary as there is no crossing right there. 52 BOOK ti3