Amending City Code the Sounding of Locomotive Whistles

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ORDINANCE NO. 5457 -72 AN ORDINANCE AMENDING CITY CODE SEC. 15 -3 PROHIBITING THE SOUNDING OF LOCOMOTIVE WHISTLES OR HORNS WITHIN THE CITY OF SOUTH BEND TO PROHIBIT THE SOUNDING OF LOCOMOTIVE WHISTLES OR HORNS AT CERTAIN CROSSINGS. WHEREAS, Public Law 63, Sec. I Acts of 1972, of the Indiana Legislature, Indiana Code 8- 6 -4 -1, provides that it shall be the duty of the engineer operating locomotive engines upon any rail- road in the state of Indiana to sound the whistle not less than four times upon approaching the crossing of any public highway or street in the state; and that after the effective date of the Act on February 17, 1972 a city may regulate the sounding of the whistle only after having received the permission of the public service commission of Indiana for such regulation upon the public service commission having determined that the regulatory ordinance, as applied to a particular crossing, will not create an undue risk of harm to the public; and, WHEREAS, the Common Council of the City of South Bend finds that it would be in the best interest of the citizens of South Bend if the City regulated the sounding of whistles or horns on locomotive engines at the Grand Trunk Western Railroad Co. cros- sings at Greenlawn Avenue, Ironwood Drive, Twenty -Sixth Street, Thirtieth Street, Thirty -Fifth Street, and Logan Street crossings in the City of South Bend, Indiana; and, WHEREAS, the Common Council of the City of South Bend finds that said grade crossings are adequately guarded to provide safe- ty to motor vehicles and pedestrians traversing said crossings by reason of the pysical location of said crossings and the fact that each of said crossings is protected by automatic train - activated red flashing lights and crossing gates, and that the prohibition of the sounding of locomotive engine whistles or horns at the hereinabove designated crossings will not create an undue risk of harm to the public; and, WHEREAS, City Code Sec. 15 -3 has been superseded and pre- empted by Public Law 63, Sec. I Acts of 1972, of the Indiana Legislature, Indiana Code 8- 6 -4 -1, and should be amended in conformity thereto. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That City Code Sec. 15 -3 is amended to read as follows: No person operating or controlling any locomotive engine shall sound the whistle or horn thereof, or allow it to be sounded, upon approaching or crossing the Grand Trunk West- ern Railroad Co. crossing at Greenlawn Avenue, Ironwood Drive, Twenty -Sixth Street, Thirtieth Street, Thirty -Fifth