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HomeMy WebLinkAboutOrdinance 591 ~ 69/ CITY OF OCOEE, FLORIDA ORDINANCE NO. . AN ORDINANCE RELATING TO THE INSTALLATION OF AUTOMATIC SIGNAL DEVICES AT THE INTER- SECTIONS OF PUBLIC ROADS AND RAILROAD TRACKS; PROVIDING FOR THE DESIGNATION OF CERTAIN RAILWAY-HIGHWAY CROSSINGS AS HAZARDOUS; REQUIRING RAILROAD COMPANIES OPERATING WITHIN THE CITY OF OCOEE TO INSTALL AUTOMATIC SIGNAL DEVICES AT RAILROAD CROSSINGS, OR, IN THE ALTERNATIVE, TO PROVIDE FOR FLAGMEN AT SAID CROSSINGS; PROVIDING FURTHER THAT SAID FLAGMEN SHALL BE ACCOMPLISHED WITHIN ONE HUNDRED EIGHTY (180) DAYS AFTER SAID CROSSING SHALL BE DESIGNATED AS HAZARDOUS BY RESOLUTION OF THE CITY COMMISSION; ESTABLISHING SPEED LIMITS FOR TRAINS WITHIN THE CITY; PRO- VIDING FOR REPEAL OF PRIOR ORDINANCES SIM- ILARLY DEALING WITH RAILWAY-HIGHWAY CROSSINGS; PROVIDING THAT VIOLATION SHALL BE A MISDEMEANOR; PROVIDING PENALTIES; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. AUTHORITY; PURPOSE; SCOPE: This Ordinance is enacted under authority of Article VIII, Section 2(b) of the Constitution of the State of Florida, and under authority of Florida Statutes, Chapter 69-1359, Special Acts of 1969, Article I ~25, for the pur- pose of requiring installations of automatic signal devices at hazardous railroad crossings or, in the alternative, of requiring other precautionary measures at such hazard- ous crossings in the interest of the health, safety and welfare of that class of the public which shall travel the roadways of the City of Ocoee, Florida. This ordinance . shall be in force and effect and be enforced throughout all areas of the City of Ocoee, Florida, and shall apply to all railway-highway intersections, whether mainline or otherwise, within said City. . Section 2. DESIGNATION OF HAZARDOUS CROSSINGS: Whenever the City Commission of the City of Ocoee has requested, or shall have been requested, the installa- tion of automatic signal devices, in the manner and mode set forth in Section 3 below, at the intersection of any public road and railroad track or tracks, such request shall be a determination that such crossing is hazardous and detrimental to the health, safety and welfare of the traveling public within the City of Ocoee. Section 3 (a). SIGNALIZATION REQUIREMENT: When any automatic signal device shall be requested, or shall have been requested, by the City Commission at any hazardous crossing, such request being by resolution of the City Commission to the State of Florida Department of Transportation and the railroad company, said railroad company shall within one hundred eighty (180) days after said resolution's adoption, cause to be installed and made operational said automatic signal devices. Section 3 (b). SPEED LIMITS: No railroad train shall be operated within the City of Ocoee at a speed greater than 15 mph in commercially developed areas, nor greater than 25 mph in other areas. Section 4. ALTERNATIVES TO SIGNALIZATION; OTHER PRECAUTIONARY MEASURES: When any automatic signal devices shall have been requested by resolution in the manner and mode set forth in Section 3 hereinabove, and if said railroad company either cannot install said signal devices within said one hundred eighty (180) day period or elects not to install said signal devices within said one hundred eighty (180) . -2- . day period, the railroad company shall as an alternative to signalization, at no expense to the City, provide a flagman at said crossing in advance of any approach by any railroad locomotive. Such flagman shall be placed at the railway-highway crossing far enough in advance of the approaching locomotive so as to effectively halt traffic in both directions before said locomotive shall have reached the crossing, and said flagman shall exhibit to traffic in both directions such red flags or similar devices as to clearly indicate to traffic that a train is approaching. Said flagman need not remain at the crossing after the locomotive shall have cleared the railway-highway inter- section. During the period between dusk and dawn, such flagman shall place flares or exhibit such lantern and/or lanterns as shall be necessary to warn oncoming traffic from all directions that a locomotive is approaching. Said flagman need not remain at the crossing after the locomotive shall have cleared the intersection; however, said flares or lanterns shall remain in place until the entire train shall have cleared the intersection. Section 5. PRIOR ORDINANCES REPEALED: There is hereby repealed any prior ordinances dealing with the signalization of railway-highway crossings of the City of Ocoee. Section 6. PENALTIES: Any railroad company, its officers, directors, agents and/or employees who shall violate this ordinance shall be guilty of a misdemeanor and shall be punished as provided for in Chapter 69-234, Laws of Florida, Acts of 1969. . -3- . . " . " Section 7. CONSTRUCTION: This ordinance shall be deemed to be cumulative and supplemental and in addition to any other act, law or regulation of Orange County or of the State of Florida relating to the installation of automatic signal devices at the intersections of public roads and railroad tracks; provided, however, that this ordinance supersedes and re- peals any existing ordinance which is in direct, irrecon- cilable conflict herewith. The provisions of this ordi- nance shall be liberally construed in order to effectively carry out the purpose of this ordinance in the interest of the public health, welfare and safety of the citizens and residents of the City of Ocoee and the State of Florida. Section 8. SEVERABILITY: If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legis- lative intent to pass this ordinance without such unconstit- utional, invalid or inoperative part therein and the remainder of this ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein. If this ordinance or any provision thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. -4- . -- Section 9. EFFECTIVE DATE: This ordinance shall take effect immediately upon passage by the City Commission of the City of Ocoee, Florida. ENACTED this ;</ ATTEST: (jc1lrJ QC~p-ev0 l..~, day of AvC/'V' j f- / , 1973. CITY OF OCOEE, FLORIDA Ib f /J -/; By; .",L( tJ I ..'q. -5-