8.1 Train Whistle CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
2/2/i981 4:00 P.M.
AGENDA SECTION: AdminisLration ORIGINATING DEPARtmENT: APPROVED FOR
NO. 8 City Clerk AGENDA:
NO. 1 D.L. Harrison
BY: BY:
Second Reading Ordinance Number 8i-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 Saiina,
Kansas, enacting Sections 22-256 and 22-257 of the Salina Code.
This ordinance was introduced for first reading January 26, 1981.
I suggest that Section 22-257 be deleted. It is not necessary
for the Commission to put such information in an ordinance. I
will make certain the intersection is signed properly.
RLN
COMMISSION ACTION
~OTiON BY SECOND BY
TO:
ORDINANCE NUMBER 81-8835
(Published in The Sal|na Journal .... 1981)
AN ORDINANCE PROHIBITING THE SOUNDING OF A TPJ~IN 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, ENACTING SECTIONS
22-256 AND 22-257 OF THE SALINA CODE.
WHEREAS, 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
WHEREAS, the regulation of the sounding of train whistles, air horns,
or similar noise-making devices within the city limits of the City of Salina 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, SO NOW, THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Sailna,
Kansas:
Section 1. That Chapter 22 of the Salina Code is hereby amended by
adding the following sections:
"Section 22-256. Unlawful to sound train whistle at certain
'intersection.
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.
"Sect)on 22-257. Warning sign to be erected.
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 2. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
Introduced: January 26, 1981
Passed: February 2, 1981
(SEAL)
ATTEST:
Dan S. Geis, Mayor
D. L. Harrison, City Clerk
ORDINANCE NUMBER 81-88~
(Publlshed in The Salina Journal
, 1981)
AN ORDINANCE PROHIBITING THE SOUNDING OF A TRAIN WHISTLE, AIR HORN, OR
SIMILAR NOISE-MAKING WARNING DEVICES AT THE RAILROAD CROSSING DIRECTLY EAST
OF FIFTH STREET ON IRON AVENUE IN THE CITY OF SALINA, KANSAS, ENACTING SECTION
22-256 OF THE SALINA CODE.
WHEREAS, 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
WHEREAS, the regulation of the sounding of train whistles, air horns,
or similar noise-making devices within the city limits of the City of Salina 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 dlrectly 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, SO NOW, THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section I. That Chapter 22 of the Salina Code is hereby amended by
adding the following section:
"Section 22-256. Unlawful to sound train whistle at certain
intersection.
At the railroad crossing dlrectly 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. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
Introduced: January 26, 1981
Passed: February 2, 1981
(SEAL)
ATTEST:
Dan S. Gels, Mayor
D. L. Harrison, City Clerk