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Home My WebLink AboutCP 176 CIT FO WO , TEXAS a • COUNCIL PROPOSAL Date Fie Number Subject 9/15/92 CP-176 ordinance Regulating Steam Whistles on Trains Proposed by Counci lmember tis 4view 2 Paps Proposal: It is proposed that the City Council adopt the attached ordinance which would regulate the sounding of steam whistles on trains in the City of Fort North. Background: In response to citizen complaints regarding the noise of the steam whistle on the 00111 Tarantula excursion train, the ordinance has been drafted to prohibit the unnecessary use of steam whistles on trains while recognizing and permitting the use of the steam whistle for its proper function as a warning device for the purpose of safety. The ordinance has been drafted to address several factors: 1 . with the exception of 'excursion' or 'tourist' trains, most railroads today use diesel or other non-steam locomotives which use air horns or sirens and not steam whistles. The ordinance applies only to steam horns or steam whistles. 2. Most federal regulations dealing with railroads specifically except steam locomotives from their application, and in addressing the use of horns the federal regulations only address their use as a warning device operated for the purpose of safety. The ordinance allows for the sounding of a steam whistle for any immediate emergency caused by persons, vehicles or animals on the track or approaching the track in a manner constituting a threat of imminent Ohl collision. 3. State statute requires all trains to sound their horn or whistles at 80 rods ( 1320 feet ) from a crossing and to ring their bells until the enginehascrossed the intersection. The statute does not address the particular number of times the horn or whistle is to be sounded or for how long, but court cases interpreting the statutes make it clear that the law does not require the horn or whistle to be sounded more than once, or after the engine has passed the 80 rod point . In addition, the state law specifically permits cities with populations over 5,000 to regulate by ordinance the ringing of bells and blowing of whistles within their corporate limits. The ordinance provides for the sounding of a steam whistle or steam horn at 80 rods: it merely limits the number of blasts and duration. LEGALITY = FISCAL NOTE = CITY MANAGER'S COMMENTS CITY POLICIES MANUAL . CIT FO WO s TEXAS COUNCIL PROPOSAL Date File Number Subject 9/15/92 CP-176 Ordinance Regulating Steam Whistles on Trains- Proposed by Counci Imember Y s A _ David Chappell >fp , 2 p' Adoption of this ordinance would prohibit steam trains from sounding stemwhistles or steam horns for purposes other than safety. Legality: The City Attorney's Office has reviewed this proposal and approves as to form and legality. 00 ' Fiscal Note: This proposal does not require the expenditure of any additional City funds. p D�.ti Ic CITY COUNCIL 5EP 15 ' 92 City secr wy of the Citi of Port Worth.Tues Z LEGALITY C FISCAL NOTE Z, CITY MANAGER'S COMMENTS C CITY POLICIES MANUAL ORDINANCE NO. _/ / / 7L AN ORDINANCE AMENDING CHAPTER 20, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING A NEN SECTION 20-235, "SOUNDING OF RAILROAD STEAM WHISTLES, HORNS, ETC."; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITT CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND RAINING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 That Chapter 20, "Licenses and Miscellaneous Business Regulations", of the Code of the City of Fort Worth, Texas (1986) , as amended, is hereby further amended by adding the following new section: "Section 20-235. Sounding of Railroad Steam Whistles, Horns, �. etc. (a) It shall be unlawful for any person to sound or cause to be sounded any steam whistle, steam horn or any other type of steam powered signal device on any steam locomotive, rail car or railroad train within the city limits of the City of Fort Worth except that at a distance of 80 rods (1320 feet) from any approaching crossing, the person operating a steam locomotive may sound a steam whistle for one blast of not more than five (5) seconds in duration. (b) It is a defense to prosecution that the steam whistle, horn or signal was sounded due to an immediate emergency caused by persons, vehicles or animals on the railroad track or approaching the railroad track in such a manner as to constitute a threat of imminent collision with the train." 1 SECTION 2 This ordinance shall be cumulative of all provisions of all ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict With the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the sections, ' paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each time that conduct occurs in violation hereof shall constitute a separate offense. 2 SECTION 5 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 4 and 6 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 6 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ASSISTANT CITY ATTORNEY DATE: ADOPTED: Y—Z�— Vol—, EFFECTIVE: 3