HomeMy WebLinkAbout1986-458
ORDINANCE NO. 86- 45
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
PROHIBITING THE SOUNDING OF RAILROAD TRAIN
HORNS AND WHISTLES BETWEEN 10:00 P.M. AND
6:00 A.M.; PROVIDING FOR INCORPORATION
IN CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of
Indian River County has determined that the sounding of
railroad train horns and whistles between the hours of 10:00
p.m. and 6:00 a.m. creates an unnecessary nuisance to the
residents of the county; and
WHEREAS, Florida law provides that municipalities
or counties may enact ordinances prohibiting the sounding of
railroad train horns or whistles during the aforesaid hours.
NOW, THEREFORE, BE IT ORDAINED BY INDIAN RIVER
COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS that:
SECTION 1.
GENERAL_ PROVISIONS.
A. It shall be unlawful for any engineer, conduc-
tor, 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 public
at -grade crossing located within the unincorporated areas of
Indian River County, providing that the crossing is equipped
with train activated automatic traffic control devices,
which shall i.nclude, flashing lights, bells and crossing
B. This section shall not be construed to prohibit
the operator of any railroad train to sound a railroad train
horn, whistle or other audible warning signal when it
appears reasonably necessary in order to avoid bodily injury
or in other emergency situations, including a malfunction of
the automatic traffic control devices.
1
SECTION -2.
1 A I/'�i1n 17!1%'1 A T 1llAI 1 At t`nr'%C
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.
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 on November
1, 1986.
Approved and adopted by the Board of County
Commissioners of Indi'an River County, Florida, on this 2nd
day of July 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
BY
DON C :_5CO LOCiZ--i--
Chairman.-
Acknowledgment by the Department of State of the State of
Florida, this .1.1tIl day of -----_ 1986.
Ordinance No. 86- 45
Acknowledgment from the Department of State received on
this 14th day of __, 1986, at 11:oo A.M./P.M. and
filed in the Office of the Clerk of the Boar�TU of County
Commissioners of Indian River County, Florida.
o form and
e cy.
v.- vv+i son
ant County Attorney