96-84 ORDINANCE NO. 96-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL-
LANEOUS'', OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY' OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW ARTICLE III, "TRAIN WHISTLES/HORN NOISE
CONTROL", PROVIDING FOR THE SCOPE OF THIS ARTICLE;
PROHIBITING RAILROAD TRAIN WHISTLES/HORN NOISE BETWEEN
THE HOURS OF 10:00 P.M. AND 6:00 A.M.; PROVIDING FOR THE
APPLICATION OF THIS ORDINANCE TO CERTAIN RAILROAD
CROSSINGS ONLY; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING FOR SIGNS AND NOTIFICATION; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature has amended Section 351.03, Florida Statutes
(1983), in recognition of the role of local ordinances in the regulation of train-mounted
whistles and/or horns; and,
WHEREAS, the City Council of the City of De,ray Beach, Florida, now desires
to regulate train noises caused by train-mounted whistles and/or horns.
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", of the Code of
Ordinances of th~ City of Delray Beach, Florida, be and the same is hereby amended
by enacting a new Article III, "Train Whistles/Horn Noise Control", to read as follows:
ARTICLE III. TRAIN WHISTLES/HORN NOISE CONTROL
Sec. 16-40. Scope.
That the provisions of this Article III shall supersede and take precedence
over any conflicting provision set forth in Article II of Chapter 16, above.
Sec. 16-41. Train whistles/horn noise prohibition.
It shall be unlawful and a public nuisance for any person, bUsiness or corpo-
ration 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,
Florida.
Sec. 16-42. Application to certain railroad crossings only.
This Article relates only to public at-grade railroad train crossings having
train activated automatic traffic control devices, which shall include flashing lights,
bells and crossing gates on both sides of the railroad tracks.
Sec. 16-43. Penalties.
Any person, business or corporation found to be in violation of this Article
will be subject to the penalty provisions of Chapter 1, Section 1-6 of the Code of
Ordinances of the City of Delray Beach, Florida.
Sec. 16-44. Signs and notification.
Within a reasonable time after the enactment of this Article, 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.
Section 2. 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 oth~r than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten (10) days after its
passage on second and final reading; provided, however, that enforcement of the
provisions set forth herein shall not be effected until such time as the aignage required
by Section 16-44 (set forth above) has been erected by the City.
PASSED AND ADOPTED in regular session on second and final reading on this
the 2?th day of November , 1984.
ATTEST:
First Reading November 13, 1984
Second Reading November 27, 1984
2 ORD. NO. 96-84