O84-33AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, PROHIBITING
RAILROAD TRAIN WHISTLES AND/OR HORN NOISE
BETWEEN THE HOURS OF 10:00 P.M. AND 6:00
A.M.; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING FOR THE POSTING OF SIGNS AT RAILROAD
CROSSINGS ANNOUNCING THE PROHIBITION OF
WHISTLES AND/OR HORN NOISE BETWEEN THE HOURS
OF 10:00 P.M. AND 6:00 A.M.; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
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 horns and/or
whistles; and
WHEREAS, the City Council of the City of Boynton Beach,
Florida, now desires to regulate train noises caused by train-
mounted horns and/or whistles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: 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.
Section 2: This Ordinance 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.
Section 3: Any person, business or corporation found
to be in violation of this Ordinance will be subject to the penalt
provisions of Section 1-6. General penalties; continuing violation
adjudging fines and imprisonment, of the Code of Ordinances of
the City of Boynton Beach, Florida.
Section 4: Within a reasonable time after the enactment
of this Ordinance, the City shall post signs at each railroad
crossing in the City of Boynton Beach announcing that trains
are prohibited from the sounding of horns and/or whistles between
the hours of 10:00 p.m. and 6:00 a.m.
Section 5: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 6: Should any section or provision of this
Ordinance or a portion thereof be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 7:
this Ordinance.
Section 8:
days after passage.
Specific authority is hereby given to codify
This Ordinance shall become effective ten (10)
FIRST READING this day of
1984.
SECOND READING and FINAL PASSAGE this
,
/
day of
CITY OF BOYNTON BEACH, FLORIDA
MAYOR ~"
VICE MAYOR
ATTEST:
CITY C~RK
(Seal)
(2)