HomeMy WebLinkAbout2005-05 08-04 APSTATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
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City of Brooklyn Center
(Official Publication)
CITY OF BROOKLYN CENTER
NOTICE OF ORDINANCE ADOPTION
Section 19 -2000 Train Whistles.
(Aug. 4, 2005)p1 /PHrg Locomotive Horn
www.mnSun_com
ORDINANCE NO. 2005-05
AN ORDINANCE AMENDING CHAPTER 19 OF THE
CITY. ORDINANCES PROVIDING FOR THE REGU-
LATION OF RAILROAD LOCOMOTIVE HORNS IN
THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN-
TER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 19 of the City Ordinances of the
City of Brooklyn Center is hereby amended by adding the
following new sections
19 -2001. Finding and Purpose. The Council finds that the
sounding of railroad locomotive horns at grade crossings
has increased in recent years. The increased use of rail-
road locomotive horns at grade crossi gs in and -round
residential neighborhoods has detracted from the quiet
enjoyment of orooerty and from the peace and dignity of
the City.` The Citv also is concerned about the safety of
the public at railroad crossings if the negative impact of the
use of train whistle and horns is mitigated by the creation
of a 'quiet zone" In order to protect the safety. welfare
and convenience of the public. the council finds it neces-
sary to establish regulations pertaining to railroad loco-
motive horns. bells. or whistles. The City establishes this
ordinance and intends that,the ordinance be consistent
with the applicable rules of the Federal Railroad Adminis-
tration (FRAI found in 49 Code of Federal Regulations
(CFR Parts 222 and 229 as they mat( be hereafter
amended, relating to the establishment of quiet zones,
19 -2002. The City. having met the reauirements of 49
CFR Part 222. has established the Azelia Avenue auiet
zone (the "Quiet Zone") along the rail line crossing Azelia
Avenue from milepost 5.49 temileoost 6.00. No railroad
locomotive horn, bet. or whistle shall be sounded in or
along the Quiet Zone at any time except to pro a
warning to prevent imminent injury. death. or property
damage in accordance with 49 CFR, 6222.23. as such rule
may be amended from time to time. or as otherwise'per-
mitted by the applicable FRA regulations. The sounding
of any railroad locomotive horn bell or whistle shall be
prima facie evidence that it was sounded or blown with the
permission of the railroad company.
19 -2002. Penalty. Violation of the provisions of this Sec-
tion is a misdemeanor.
Section 2. This ordinance shall be effective after es-
tablishment of the Azelia Avenue Quiet Zone pursuant to
the regulations of the FRA.
Adopted this 25th day of July, 2005.
Mayor Myrna Kragness
ATTEST: City Clerk Sharon Knutson
Date of Publication: August 4, 2005
Effective Date: September 3, 2005
(Strikeout indicates matter to be deleted; underline mdi,
cates new matter).