HomeMy WebLinkAboutO-1985-001 { ORDINANCE NO. 01-85
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
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AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES
ENTITLED "TRAFFIC" BY AMENDING ARTICLE II
THEREOF BY CREATING A NEW SECTION 25-27 ,
PROHIBITING THE SOUNDING OF RAILROAD
TRAIN HORNS AND WHISTLES DURING THE HOURS
OF 10 P.M. AND 6 A.M. WITHIN THE CITY
PURSUANT TO FLORIDA STATUTE 351 . 03(3) (a) ;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES AND ALL RESOLUTIONS
j OR PARTS OF RESOLUTIONS IN CONFLICT HERE-
WITH BE REPEALED TO THE EXTENT OF SUCH CON-
FLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State Legislature has recently enacted Chapter
84. 73, Laws of Florida, which permits municipalities in the state
to enact local optional ordinances prohibiting railroad trains
from sounding their horns and whistles within the municipalities
between the hours of 10 P.M. and 6 A.M. ; and
WHEREAS, the City Commission desires exercising the option
to enact such an ordinance :
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA:
Section 1 . Pursuant to Chapter 84 . 73 , Laws of Florida, as
codified in Florida Statutes Section 351 . 03 (3) (a) , the City
Commission of the City of Dania hereby exercises its local option
to prohibit the sounding of railroad train horns and whistles be-
tween the hours of 10 P.M. and 6 A.M. within the City by amending
Chapter 25 of the Code of Ordinances entitled "Traffic", by amending
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j Article II thereof by creating a new Section 25-27 to read and j
provide as follows : l
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Sec. 25-27. Prohibition on Sounding Railroad
Train Horns and Whistles between
the hours of 10 P.M. and 6 A.M.
(1) No railroad train of a railroad company operating
wholly within the state may sound a train horn or
whistle within the City between the hours of 10 P.M.
and 6 A.M.
(2) Signs announcing that railroad train horns
and whistles will not be sounded during the afore-
said hours shall be placed and continually maintained
at all public railroad crossings within the City.
Signs so erected shall be in conformance with the
uniform system of traffic control devices as speci-
fied in Florida Statute Section 316 . 0745 .
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(3) It shall not be a violation of this section
to sound a railroad train horn or whistle whenever {
it is necessary or reasonably appears necessary to
do so in an effort to avoid imminent bodily injury I
to a person located on or adjacent to the railroad
tracks .
Section 2 . That the provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the City
of Dania, Florida.
Section 3 . In the event that any section or provision of
this ordinance, or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof
as a whole or part thereof, other than the part declare to be invalid.
Section 4 . That all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be and the
same are hereby repealed to the extent of such conflict.
Section 5. That this ordinance shall be in force and take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 8th day of
January 1985 .
PASSED and ADOPTED on Second and Final Reading on the 22nd
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day of January 1985 .
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MAYOR - COMMISSION I
ATTEST:
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CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS
Sy <►�aa..,�FJ �. L��
FRANK C. ADLER, City Attorney
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THE SUN-TATTLER NOTICE IS NERElY WYEN and
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Established as The Hollywood Sun - January 4, 1935 morale Pr C
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DEFINITIONS OF OFF#OAD
Before the undersigned authority personal) a VEHICLES, MOTORCYCLES.
ALL y appeared Julie Bates ALL TERRAIN
ERR NVET LS, AMC
who on oath says (he/she) is Classified Manager SWAMPE 1 I ESj PROVIDING
FOR SEVERAEKITYI PROVO.
ING THAT of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward OR PARTS oa ORDINANCES
y AND ALL RESOLUTIONS OR
PARTS County, Florida: that the attached co CONFLICT FSIENEWWITMIBE RE
(� copy of advertisement, being a Notice PEALED TO THE EXTENT OF
Of Hparina SUCH CONFLICT;AND PROVID-
ING FOR AN EFFECTIVE
DATE.
A CIPY M mi$d1p0N Ow.
in the matter of City Of Dania I,PnIIa1. Mof"of
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in the Comm Rnom }�/�/�,/,(/ So«1eu PY m. PNINIC OIIM
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was published in said newspaper in the issue of Jan. 31, 198 W I"oldnpl,mermlp lw 1p
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Affia nt fu rther says that the said SUN-TATTLE R is a newpaper published at Hollywood in men:°pwi"ILr,pMOnPn r°pIImP•`il,
said Broward County,Florida,and that the said newspaper has heretofore beencontinuously ,."I`rcd"o alI`h*O`1"MS e<ee"PONTTIS
published in said Broward County, Florida,each week and has been entered as second class wIM,S ,"N0„a,1O,
matter at the post office in Hollywood in said County, Florida,for a period of one year next .'nIpN,Ka N"01,"XIS.,me I"1OM,
preceding the first publication of the attached copy of advertisement: and affiant further m°"'pnp•"1pinp•"°""A1O1
says that he has neither aid nor promised an IS, AI Ile IIIQ
P P y person, firm or corporation any discount, CHYIC" Mwam
rebate, commission or refund for the purpose of securing this advertisement for publication s'T '°n' 11• INS trrn . -
in the said newsp per.
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.•Y Sworn to and subscribed before me /
this day of
NOTARY PUBLIC
*L FUALIC STATE OF FLORIDA AT LARGE
MY OY,h�I SS ltif. l cF
BGt AID FHRI G:IQii.L Ilr LI:�, nl iEBS
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