HomeMy WebLinkAbout2005-05 07-25 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25 day of July, 2005, at 7 p.m. or as
soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to
consider an ordinance providing for the regulation of railroad locomotive horns in the City.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO. 2005-05
AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES
PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE
HORNS IN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 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 section:
Section 19 -2000 Train Whistles.
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 railroad locomotive horns at
grade crossings in and around residential neighborhoods has detracted from the quiet enjoyment of
property and from the peace and dignity of the City. The City 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 necessary to establish regulations pertaining to railroad locomotive
horns, bells, or whistles. The City establishes this ordinance and intends that the ordinance be
consistent with the applicable rules of the Federal Railroad Administration (FRA) found in 49 Code
of Federal Regulations (CFR) Parts 222 and 229 as they may be hereafter amended, relating to the
establishment of quiet zones.
19 -2002. The City, having met the requirements of 49 CFR Part 222, has established the Azelia
Avenue quiet zone (the "Quiet Zone along the rail line crossing Azelia Avenue from milepost
5.49 to milepost 6.00. No railroad locomotive horn, bell, or whistle shall be sounded in or along the
Quiet Zone at any time, except to provide a warning to prevent imminent injury, death, or property
damage in accordance with 49 CFR §222.23, as such rule may be amended from time to time, or as
otherwise permitted 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 -2003. Penalty. Violation of the provisions of this Section is a misdemeanor.
ORDINANCE NO. 2005 -05
Section 2. This ordinance shall be effective after establishment of the Azelia Avenue Quiet
Zone pursuant to the regulations of the FRA.
Adopted this 25 day of July, 2005.
City Clerk
Date of Publication: August 4, 2005
Effective Date: September 3, 2005
(Strikeout indicates matter to be deleted; underline indicates new matter