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HomeMy WebLinkAboutOrdinance 14935Ordinance No AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 22,"MOTOR VEHICLES AND TRAFFIC", BY ADDING A NEW ARTICLE XII, REGULATING RAILROAD LOCOMOTIVE HORNS WITHIN THE CITY LIMITS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 471 006 of the Texas Transportation Code permits the governing body of mumcipalrty having a population of at least 5,000 to regulate by ordinance the sounding of railroad locomotive horns within rt's hmrts, and WHEREAS, the Crty Council of the Crty of Fort Worth m compliance with the laws of the State of Texas desires to regulate the sounding of locomotive horns by engineers m charge of railroad locomotives wrth>n the city hmrts, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 The Code of the Crty of Fort Worth (1986), as amended, is hereby further amended by adding Article XII to Chapter 22, to be and read as follows ARTICLE XII. REGULATION OF RAILROAD LOCOMOTIVES SECTION 22-360 Definitions Director means the director of the Department of Transportation and Public Works, or his/her duly authorized representative. Highway-rail or grade crossing means any street or highway crossing over a line of railroad at grade. Locomotive horn means atrain-borne audio warning device including a horn, whistle or siren meeting standards specified by the United States Secretary of Transportation. Quiet Zone Ordinance 1 of 4 Supplemental safety measure (SSM) means a safety system or procedure at a highway rail or grade crossing that is determined by the Federal Railroad Administration and/or the United States Secretary of Transportation to be an effective substitute for the locomotive horn m prevention of highway-rail casualties that fully compensates for the absence of the warning provided by the locomotive horn. A traffic control arrangement that prevents careless movement over the crossing (e g., as where adequate median barriers prevent movement around crossing gates extending over the full width of the lanes in the particular direction of travel), and that conforms to the standards prescribed by the United States Secretary of Transportation under the Swift Rail Development Act of 1994, Public Law 103-440 as amended, shall be deemed to constitute supplemental safety measures. The following do not, individually or in combination, constitute supplemental safety measures within the meaning of this definition. standard traffic control devises or arrangements such as reflectorized crossbucks, stop signs, flashing lights with gates that do not completely block travel with the line of railroad or traffic signals. SECTION 22-361 Whistle Ban Designation (a) Unless preempted by federal or state law the City Council may designate selected highway grade crossings within the Crty at which the engineer or person m charge of a railroad locomotive shall not sound the railroad locomotive horn within 1,320 feet of the grade crossing at which approved supplementary safety measures are installed. (b) Any person or property owner requesting the approval and installation of supplemental safety measures at a railway grade or crossing shall submit plans and specifications to the Director for supplemental safety measures Such person or property owner shall obtain approval of and contract with the railroad and/or the operating companies which own and/or control the railway grade crossing for the construction and maintenance of such supplemental safety measures and shall provide copies of such executed contracts and agreements to the Director The person or property owner requesting the approval and installation of the supplemental safety measure shall pay or cause to be paid all cost of construction, installation and maintenance of the supplemental safety measure, unless otherwise agreed by the Crty (c) The Director shall review all plans and contracts submitted m connection with the implementation of a supplemental safety measure and provide recommendations to the City Council. If the City Council finds the proposed supplemental safety measure to be an effective substitute for the railroad locomotive horn and that all approvals, construction and maintenance agreements have been executed then the City Council shall Quiet Zone Ordinance 2 of 4 authorize an agreement be made and designate such railway grade crossing at which a ban of the sounding of a railroad locomotive horn be >n effect in accordance with this article. SECTION 22-362 Whistle Ban at Selected Location It shall be unlawful for the engineer or person operating ><n charge of a railroad locomotive to sound the horn or cause the same to be done within one thousand three hundred and twenty (1,320) feet of designated grades crossings in the City, except when m the sole judgment of the engineer, there is imminent danger of an accident; to announce the approach of the train to roadway workers, or when active warning devices have malfunctioned. SECTION 2 It >s hereby declared to be the intention of the Crty 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 vahd~udgment or decree of any court of competent~unsdiction, 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 Crty Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the Crty of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m 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 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 shall be fined not more than Five Hundred Dollars ($500 00) for each offense. SECTION 5 Quiet Zone Ordinance 3 of 4 t .. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending lrt>gat>on, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6 The Crty Secretary of the Crty of Fort Worth, Texas, is hereby directed to publish the caption and penalty clause of this ordinance for two (2) days m the official newspaper of the Crty of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 7 This ordinance shall take effect upon adoption and publication as required bylaw APPROVED AS TO FORM AND LEGALITY c r ~ i~ Assist t Crty Attorney Adopted. j~- ~~ -~~~~. Effective Quiet Zone Ordinance 4 of 4 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/22/02 G-13496 20QUIET 1 of 2 SUBJECT ORDINANCE AND AGREEMENT WITH TRINITY RAILWAY EXPRESS FOR THE RAILROAD QUIET ZONE FOR THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT RECOMMENDATION It is recommended that the City Council. 1 Adopt the attached ordinance to regulate the use of railroad train horns, and 2. Authorize the City Manager to execute an agreement with the Trinity Railway Express (TRE) for the installation, operation, and maintenance of quiet zones at the TRE grade crossings on 7th Street and 8th Street. DISCUSSION This ordinance and agreement will allow the City and the TRE to create a "quiet zone" at the two new grade crossings on 7th Street and 8th Street. These new grade crossings, just north of the Intermodal Transfer Center, result from the laying of new commuter rail tracks in downtown Fort Worth By state law, trains approaching grade crossings must sound the train horn as a warning to motorists The Transportation and Public Works Department and the TRE choose to seek a way to forgo the train horn to prevent additional noise in the downtown area while maintaining a safe crossing for motorists and trains, in effect a "quiet zone" Within the confines of state law and by utilizing relatively new techniques, staff developed, with the TRE, the legal, administrative, and design elements to operate a quiet zone The TRE funded the additional railroad crossing equipment necessary and will fund the operational costs The proposed ordinance authorizes the City Council to designate any railway grade crossing at which a ban of the sounding of a train horn shall be in effect, provided supplemental safety measures are in effect. The supplemental safety measures are additional devices installed at the crossing to provide an effective substitute for the locomotive horn The Transportation and Public Works Department Director has reviewed all plans and contracts submitted for the quiet zone City of Fort Worth, Texas Mayor and Council Communication REFERENCE NUMBER LOG NAME PAGE 1/22/02 G-13496 20QUIET 2 of 2 suB.lECr .ORDINANCE AND AGREEMENT WITH TRINITY RAILWAY EXPRESS FOR THE RAILROAD QUIET ZONE FOR THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. MG n Submitted for City Manager's Office by: Mike Groomer Originating Department Head: Hugo Malanga• Additional Information Conta< Hugo Malanga 6140 7801 7801 FUND ~ ACCOUNT ~ ~ CENTER AMOUNT ~ CITY SECRETARY APPROVED 01/22/02 ORD.# 14935