HomeMy WebLinkAbout2005-05 06-02 APSTATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun -Post and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for one successive week(s); it was first published on Thursday, the 2 day
of June 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the day of 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghgklmnopgrstuvwxyz
BY:
Subscribed and sworn to or affirmed before me
on this
2nd day of June 2005.
newspapers
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Notafry Pu5Iic
(1) Lowest classified rate paid by commercial users
for comparable space
Maximum rate allowed by law
(3) Rate actually charged
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City of Brooklyn Center
(Of&a Publication)
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held
on the 25th day of July, 2005, at 7 p.m. or as soon there-
after as the matter may be heard at the City Hall, 6301
Shingle Creek Parkway, to consider an ordinance provid-
ing for the regulation of railroad locomotive horns in the
City.
Auxiliary aids: for persons with disabilities are available
upotxrequest at: least 96 hours in advance: Please contact
the City Clerk at 763 569 -3300 to make arrangements.
ORDINANCE NO.
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. Findin and ose. The Co ncil find the t the
so cling of railroad locomotive horns at grade crossings
has increased in recent years. The increased use of rail-
road locomotive horns at grade crossings in and around
residential neighborhoods has detracted from the quiet en-
iovment of property and from thepeace and dignity of the
City. The City also is concerned about the safety of the pub-
lic 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 ordi-
nance and intends that the ordinance be consistent with
the a..licable rul f the Federal Railroad dminis r:-
tion (FRA) found in 49 Code of Federal Regulations (CFR)
Parts 222 and 229 as they may be hereafter amended; re-
lating 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 Az ;ha Av-
enue
from milepost 5.49 to milepost 6.00: No railroad lo-
comotive horn, bell, or whistle shall be sounded' in or along
the Quiet Zone at any time, except to provide a warning to
prevent imminent iniury death, or property damage in ac-
cordance wit 4 F 22.23 .s such r 1• -m. be
amended from time to time, or as otherwise permitted by
the a ..lic bl FRA re ations. Th a in of an rail-
road 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 day of 2005.
ATTEST:
City Clerk
Mayor
Date of Publication:
Effective Date:
(Strikeout indicates matter to be deleted; underline indi-
cates new matter).
(June 2, 2005)pUlst read locomotive Horn
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