69-86 ORDINANCE NO. 69-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING CHAPTER 16 OFFENSES-
MISCELLANEOUS, SECTION 16-41, "TRAIN WHISTLES/HORN NOISE
PROHIBITION", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING A REQUIREMENT THAT
PERSONS APPROACHING RAILROAD-HIGHWAY GRADE CROSSINGS
EXERCISE REASONABLE CARE, AMENDING SECTION 16-44, ~SIGNS
AND NOTIFICATION", TO PROVIDE FOR THE ERECTING OF
ADVANCED RAILROAD WARNING SIGNS AND PAVEMENT MARKINGS
AND ADDING A NEW SECTION 16-45, "ERECTION AND MAINTE-
NANCE OF CROSSBUCKS", PROVIDING REQUIREMENTS FOR
RAILROAD COMPANIES TO ERECT AND MAINTAIN CROSSBUCK
GRADE-CROSSING WARNING SIGNS IN ACCORDANCE WITH THE
UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 16, Offenses--Miscellaneous, Section 16-41, "Train
Whistles/Horn Noise Prohibition", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
It shall be unlawful and a public nuisance for any person, business or
corporation operating a railroad train of a railroad company wholly within the
State of Florida to blow, activate, or in any way permit or cause the blowing
or activation of train whistles and/or horns from railroad trains between the
hours of 10:00 p.m. and 6:00 a.m. on any day, when such train is traveling
within the City of Delray Beach. All persons approaching a railroad-highway
grade crossing shall exercise reasonable care for their own safety and for the
safety of railroad train crews as well as for the safety of train or vehicle
passengers.
Section 2. That Chapter 16, Offenses--Miscellaneous, Section 16-44, "Signs
and Notification", of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Within a reasonable time after the enactment of this division, the City shall
post signs at each railroad crossing in the City of Delray Beach announcing
that trains are prohibited from the sounding of whistles and/or horns between
the hours of 10:00 p.m. and 6:00 a.m. At all appropriate public railroad-
-highway grade crossings within the City of Delr~y ~eac~, Florida, the City
of Delray Beach shall cause to be erected advanced railroad warning
and ]pavement markings in accordance with the uniform ~vste~ o~ '-~
control devices if the City of Delra¥ Beach has maintenance
that particular highway or street.
Section 3. That a new Section 16-45, "Erection and Maintenance of
Crossbucks", be enacted to read as follows:
Every railroad company shall exercise reasonable care for all safety of
motorists whenever its track crosses a highway and shall be responsible for
erecting and maintaining crossbuck grade-crossing warning signs in
accordance with the uniform system of traffic control devices adopted pursu-
ant to Florida Statutes Section 316.0745 as same may be amended from time to
time. Furthermore, such crossbuck signs shall be erected and maintained at
all public or private railroad-highway grade crossings within the City of
Delray Beach.
Section 4. -~That~ should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 5. That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 6. That this Ordinance shall become effective immediately upon its
passage upon second and final reading and the provisions contained herewith shall be
applicable retroactively to October 1, 1986.
PASSED AND ADOPTED in regular session on second and final reading on this
the ~ day of November , 198 ~
ATTEST:
First Reading October 28: 1986
Second Reading November 11, 1986
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ORD NO. 69-86