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O64-03ORDINANCE NO. 64-3 AN EMERGENCY ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGULATING -OPERATION OF CERTAIN VEHICLES OVER RAILROADS WITHIN THE SAID MUNICIPALITY; FURTHER REGULATING BLOCKING OF RAILROAD CROSSINGS; PROVIDING AN EFFECTIVE DATE, REPEALING PROVISIONS, AUTHORITY TO CODIFY, PENALTY PROVISIONS, A.ND FOR OTHER PURPOSES. P RE ~A~tVi B LE WHEREAS, certain railroads are presently operating vehicles over their tracks within the mun~ipal limits of the City of Boynton Beach which do not activate automatic safety crossings and~ in addition, trains of excessive length are being operated which impede vehicular traffic for unreasonable times, both of which conditions are deemed to be contrary to lhe best interests of the citizens of the rr. unicipality and injurious to the preservation of their healt~, safety and welfare; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: Track Motor Cars - Regulation of speed. No track motor car, hand car, "Highrailer", or other vehicle so constructed or weighted as to be incapable of activating automatic safety gates and automatic signal devices, operating upon railroad tracks through the municipal limits of the City of Boynton Beach, Florida, shall be operated at a speed in excess of 15 miles per hour and such vehicles shall yield the right-of- way to other vehicles or pedestrian traffic proceeding across or over any street which intersects a railroad track at grade level, and such vehicles shall not proceed to cross such intersections until movement can be made with reasonable safety. SECTION 2: Blocking of crossings. No two or more consecutive street crossings, where the streets of the City intersect a railroad track at grade level shall be blocked by railroa. traffic of any nature whatsoever, at the same time, for a period of more than ten minutes, and in no case shall any street crossing within the City be blockec by railroad traffic for a period of more than twenty minutes. After a railroad crossing has been blocked by railroad traffic for a period of more than twenty minutes, said crossing shall not again be blocked by railroad traffic until it has bean cleared for the use of vehicular or pedestrian traffic across or upon the intersecting streets for a period of at least ten minutes. It shall be the responsibility of all railroads operating trains or other railway vehicles of any nature whatsoever within or through the City of Boynton Beach, to notify the City Police and Fire I)epartments whenever any street crossing is to be blocked by railroad traffic for a period of ten minutes or more SECTION 3: Any person, firm or corporation, the provisions of this ordinance, upon conviction thereof, a fine not to exceed $500.00 or imprisonment in the City Jail for a period not to exceed sixty days, or by both fine and imprisonment. SECTION 4: Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. ~pecific authority is hereby granted to codify this SECTION 5: ordinance. SECTION 6: violating any of shall be punished by All o~dinances or parts of ordinances in conflict or inconsistent with the provisions of this ordinance are hereby repealed. SECTION 7: This ordinance is deemed to be an emergency measure and shall become effective immediately. First reading and passage, this 17th. day of February, ~. D., 1964 CIT' BEACH, FLORIDA B~ (CORPORATE SEAL) C ouncilm an ~ouncil~an Councilman -2-