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APR 07 1992 BOOK 85 [',�-UE ` I V. Rearuest for Public Hearing Date: Ordinance Prohibiting Blocking of Streets by Railroad Trains The Board reviewed memo from Assistant County Attorney Terry O'Brien dated March 26, 1992: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney-<� DATE: March 26, 1992 RE: ORDINANCE PROHIBITING THE BLOCKING OF STREETS BY RAILROAD TRAINS The frequent blocking of street crossings by the FEC railroad has given rise to concern by the citizens of Indian River County. The proposed ordinance would make such blockages unlawful and provide for a fine for any violations. This proposal was prepared in response to comments of Commissioners Bird and Wheeler. A public hearing date of April 28, 1992 is proposed. Commissioner Bird appreciated staff's prompt response to his request of a few weeks ago to prepare an ordinance of this type. He wanted to make sure, however, that it is enforceable and practical. What prompted his request was the length of time an extremely long train had blocked several intersections in Gifford earlier this year. Assistant County Attorney Terry O'Brien stated that he planned to send a copy of the proposed ordinance to the FEC and have them attend the public hearing so that they have the opportunity to tell us their position on this. Commissioner Wheeler felt it is very important for us to pursue this because a large percentage of the population of this city and county live on the west side of town and the medical facilities are on the east side of the railroad tracks. He realized that it is possible to disconnect cars in a sitting train to clear an intersection in an emergency. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously scheduled a public hearing for April 28, 1992 to consider the adoption of an ordinance prohibiting the blocking of streets by railroad trains and cars. 32