80-8819 Railroad CrossingORDINANCE NUMBER 80-8819
(Published in The Salina Journal 1980) I
AN ORDINANCE PROHIBITING THE SOUNDING OF A TRAIN WHISTLE, AIR HORN,
OR ANY SIMILAR NOISE -MAKING WARNING DEVICES AT RAILROAD CROSSINGS OF STREETS AND
AVENUES IN THE CITY OF SALINA, KANSAS, PROTECTED BY ELECTRONIC WARNING DEVICES
AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF; 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 deemed not to be necessary at railroad crossings controlled by electronically
operated warning devices, SO NOW, THEREFORE
Kansas:
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
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
intersections.
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 an
intersection of the right-of-way with a public street or
avenue in the City of Salina, when the train is approaching an
intersection controlled by electronically operated warning
device or devices, shall be deemed guilty of a public offense.
"Section 22-257. Penalty.
Any person found guilty of sounding a train whistle, air
horn or similar noise -making device contrary to the provisions
of Section 22-256, for each separate blast or blowing of the
device, shall be fined not more than Fifty Dollars ($50.00)
and may be sentenced to jail for not to exceed five (5) days."
Section 2. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
Introduced:
Passed:
Dan S. Geis, Mayor