8.6 Train Whistle NoiseCITY OF SALiNA
REQUEST FOR COMMISSION ACTION DATE TIME
1/26/198 4:00 P.M.
AGENDA SECT1 ON: Adm i n i s t rat i on OR I G I NAT 1 NG OEPARTMENT: APPR'~/
6 BY: D.L. Harrison
Ordinance Number 81-8835 - prohibiting the sounding of a train whistle, air horn,
or any similar noise-making warning devices at the railroad crossing directly east
of Fifth Street on Iron Avenue in the City of Salina, Kansas, and prescribing
penalties for the violation thereof.
John Mize, Attorney for the Hilton Inn, prepared this ordinance after a meeting
with representatives of the Union Pacific Railroad, Hilton Inn, and Mayor Gels.
The section dealing with the $50 fine should be omitted from the ordinance and
should be left to the discretion of the judge. Our present Code has a section
relating to fines for violations.
CO~ISSION ACTION
~TION BY SECOND BY
TO:
A/~ ORDINANCE PROHIBITING THE SOUNDING OF A TRAIN WHISTLE, AIR
HORN, OR ANY SIMILAR NOISE-MAKING WARNING DEVICES AT THE RAILROAD
CROSSING DIRECTLY EAST OF FIFTH STREET ON IRON AVENUE IN THE
CITY OF SALINA, KAY, SAS, A~ND PRESCRIBING PENALTIES FOR THE
VIOLATION THEREOF.
I~HEREAS, K.S.A. 66-2120 requires that a whistle of an operating
train be sounded where a railroad right-of-way crosses any public road
or highway "except in cities and villages", and
WH~, the regulation of the sounding of train whistles, air
horns, or sim.ilar noise-making devices within the city limits of the
City of Saline is a matter to be prescribed by ordinance, and
WHEREAS, the sounding of train whistles or similar noise-making
devices is a matter of community interest requiring appropriate regulation
at the railroad crossing directly east of Fifth Street on Iron Avenue
because of the close proximity of that crossing to an area where people
assemble in unusual volume for the purpose of rest and recreation.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS:
Section 1. At the railroad crossing directly east of Fifth Street
on Iron Avenue which is protected by an electronically operated warning
device every person who is on, operating or assisting in the operation
of a train locomotive or engine who shall sound a train whistle, an air
horn or similar noise-making warning device within the distance of one
adjacent city block of the crossing, when the train is approaching the
crossing, shall be deemed guilty of a public offense EXCEPT between the
hours of 7:00 a.m. and 9:00 p.m. said person may sound two short sounds
of such whistle, air horn or similar noise-making device when entering
into the crossing.
Section 2. Any person found guilty of sounding a train whistle,
air horn or similar noise-making device contrary to the provisions of
Section 1 of this Ordinance, for each separate blast or blowing of the
device, shall be fined mot more than $50.00, and may be sentenced to
jail for not to exceed five (5) days.
Section 3. There shall be erected on each side of the electronically
operated warning device at the railroad crossing directly east of Fifth
Street on Iron Avenue a sign which shall state:
WARNING: Train whistles are prohibited at
this crossing between the hours of
9:00 p.m. and 7:00 a.m.
Section 4. This Ordinance shall take effect and be in force from
and after its passage and publication in ~he official city paper.
Introduced on the first reading on the ~ day of
1981, and PASSED AND ADOPTED ON SECOND READING BY THE GOVERNING BODY OF
THE CITY OF SALINA, KANSAS, this -- day of , 1981.
Attest:
Mayor
City Clerk