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HomeMy WebLinkAbout1986-75U 0 ORDINANCE NO. 86- 75 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 86-45 BY UNCONDITIONALLY PROHIBITING THE SOUNDING OF RAILROAD TRAIN HORNS AND WHISTLES BETWEEN 10:00 P.M. AND 6:00 A.M. IN THE INCORPORATED AND UNINCORPORATED AREAS OF INDIAN RIVER COUNTY; PROVIDING FOR INCORPORATION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE, BE IT ORDAINED BY INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS that: SECTION 1. 86-45 is hereby amended to read as follows: C,FNFRAI PRov I S 1 nNS A- It shall be unlawful for any engineer, conductor, fireman or other person in charge of or in control of any locomotive or railroad train of any railroad company operating wholly within this state to sound any railroad train horn, whistle or other audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of or at any rail highway pab++e---a-t— crossing located within +be ar9tmeerpera+eel-,aireas-,o-f Indian River County, providing that the crossing is equipped with train activated automatic traffic control devices, which shall include, flashing lights, bells and crossing gates. B----Tf�-is--seE-#-i�---s-Fra-I-l---rto-t--�--e•a�g�raeeF--#e p r e b + b + + - -tFte- --o-Fre-r-a -o-r- ra++reael-bra+r�-gerA;-mrb+s�+e-er-e+bar-aael+l�+e-warn+rig-s+gra+ wHam--'rt---appea-"--rw",sot-a4EHjq--meees9arq--rrt--otsdar�-- #o--arse+d b e el + +q - t i7 ti ry- aam^- -i-rr -o t„rr rgener-s'rtLtat rt!-,- - tiqe fuel tiqg - a gra+�ar�e+tern-e�-+Me-aa+arae++e-+ra+++e-eery+re+-elev+ees- CODING: Words underlined are additions; words s+raek-+19reagH are deletions River Section 1 of Indian County Ordinance No. 86-45 is hereby amended to read as follows: C,FNFRAI PRov I S 1 nNS A- It shall be unlawful for any engineer, conductor, fireman or other person in charge of or in control of any locomotive or railroad train of any railroad company operating wholly within this state to sound any railroad train horn, whistle or other audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of or at any rail highway pab++e---a-t— crossing located within +be ar9tmeerpera+eel-,aireas-,o-f Indian River County, providing that the crossing is equipped with train activated automatic traffic control devices, which shall include, flashing lights, bells and crossing gates. B----Tf�-is--seE-#-i�---s-Fra-I-l---rto-t--�--e•a�g�raeeF--#e p r e b + b + + - -tFte- --o-Fre-r-a -o-r- ra++reael-bra+r�-gerA;-mrb+s�+e-er-e+bar-aael+l�+e-warn+rig-s+gra+ wHam--'rt---appea-"--rw",sot-a4EHjq--meees9arq--rrt--otsdar�-- #o--arse+d b e el + +q - t i7 ti ry- aam^- -i-rr -o t„rr rgener-s'rtLtat rt!-,- - tiqe fuel tiqg - a gra+�ar�e+tern-e�-+Me-aa+arae++e-+ra+++e-eery+re+-elev+ees- CODING: Words underlined are additions; words s+raek-+19reagH are deletions ORDINANCE NO. 86- 75 SECTION 2. INCORPORATION IN CODE. This ordinance shall be incorporated into the Code of Ordinances of Indian, River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. i SECTION -3. SEVERABILITY. If any Section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. 'SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 18th day of November 1986. This ordinance was advertised in the Vero Beach Press -Journal commencing on the 20th day of October , ---------------- 1986, for a public hearing to be held on the 18th day of November, 1986, at which time it was moved for adoption by Commissioner Wheeler seconded by Commissioner Bowman and adopted by the foIIowin vote. CODING: Words underlined are additions; words st?UeK-tbfeagW are deletions_ Florida, this21St_-day of -_ November 1986, Acknowledgment from the Department of State received on this 26th day of November 1986, at 10:00 A.M./P.M. and filed in the Office of the Clerk of the Boar�Tc'-of County Commissioners of Indian Ri-ver County, Florida. o form and. Cy: APPROVED FOR AGENDA REGULAR COUNTY ATTORNEY m G CODING: Words underlined are additions; words strueh--breagb are deletions 3