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O86-38AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ~'~END- ING CHAPTER 14 MOTOR VEHICLES AND TRAFFIC, SECTION 14~7.1. WHEN SOUNDING TRAIN ~ISTLE/ HORN PROHIBITED; PENALTY. OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA TO PROVIDE THAT THE SECTION SHALL RELATE ONLY TO "RAILROAD - HIGHWAY GRADE" CROSS- INGS; PROVIDING THAT EACH AND EVERY OTHER PROVISION IN CHAPTER 14 SHALL RE,LAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1: Chapter 14 MOTOR VEHICLES AND TRAFFIC, Section 14-7.1. When Sounding Train Whistle/Hor~ Prohibited; Penalty. of the Code of Ordinances, City of Boynton Beach, Florida is hereby amended to read as follows: Sec. 14-7.1. When sounding train whistle/horn prohibited; penalty. (a) 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 Boynton Beach, Florida. (b) This section relates only to public railroad/ highway grade &~-g~a~e 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. (c) Any person, business or corporation found to be in violation of this sec~i0n will be subject to the penalty provisions of Section 1-6, general penalties; continuing vio- lations; adjudging fines and imprisonment of the Code of Ordinances of the City of Boynton Beach· Florida. Section 2: Each and every other provision of Chapter 14, MOTOR VEHICLES AND TRAFFIC, shall remain in full force and effect as previously enacted. Specific authority is hereby given to codify Section 3: this Ordinance. Section 4: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any provision of this Ordinance or any portion thereof be declared by a court of competent juris- diction to be invalid, such decision shall not affect the remaindel of this Ordinance. Section 6: ately upon passage. FIRST READING this~/~ day of SECOND READING AND FINAL PASSAGE This Ordinance shall become effective immedi this · 1986. day of ~TTEST City~erk ( SEAL CITY OF BOYNTON BEACH, FLORIDA COUNCIL MEMBER -2-