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HomeMy WebLinkAboutAmending Chapter 15 Railroad Trains OrdinanceORDINANCE N®. 6545 -79 Passed by the Common Council of the City of South Bend, Indiana January 22 1979 Attest: City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by January 23 1979 Of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. (,S y S- - ) } AN ORDINANCE AMENDING CHAPTER 15, ARTICLE 1, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNO14N AS THE RAILROAD TRAINS ORDINANCE. STATEMENTS OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes that the sounding of train whistles, horns, or bells at certain cross- ings within the City limits creates an unreasonable disturbance to the peace and repose of citizens residing in proximity to these crossings. The purpose and intent of the Common Council in enact- ing this ordinance is to prohibit the sounding of train bells in addition to the prohibition of sounding whistles and horns at cer- tain crossings within the City limits, and to make other technical changes to Ordinance No. 6404 -78 as enacted by the Common Council on July 24, 1978, so as to conform to state statute and an order of the Public Service Commission of Indiana issued in a public hear- ing held to approve the prior action of the Common Council in enacting a ban on the sounding of such devices. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 15, Article 1, Section 15 -3.1 of the Municipal Code of the City of South Bend, Indiana is hereby amended as follows: No person operating or controlling any locomotive engine shall sound the whistlez ep horn, or bell thereof, or allow it to be sounded upon approaching or crossing the Peiga Gen4ral Rai-lpead 9e�19�aey Consolidated Rail Corporation crossings at the following streets in South Bend, Indiana: Vernon Street, Leer Street, Robinson Street, Twyckenham Drive, Caroline Street, Ironwood Drive. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and final approval by the Public Service Commission of the State of Indiana in accordance with State law. Words added underscored Words deleted epessed. #4peegh tsf READING /,R,? PUBLIC WEARING ? e?- 2nd READING NOT APPROVED REFERRED PASSED er of the Common Counc Flif n It,! S l fr Fri ng Thomas J. Brunner, Jr. City Attorney Robert M. Parker Chief Deputy CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 January 3, 1979 South Bend Common Council County -City Building 4th Floor Council Chambers South Bend, Indiana 46601 Dear Members of the Common Council: 219/284 -9241 The attached bill is presented to amend Ordinance No. 6404 -78 enacted by the Common Council on July 24, 1978 by adding a prohibi- tion against the sounding of train bells to the proposed ban on sounding train whistles or horns at certain Consolidated Rail Cor- poration crossings in the City's Southeast side. As you know, a hearing- already has been held before the Public Service Commission of Indiana in which testimony and evidence was presented seeking to uphold the ordinance previously enacted by the Common Council. The technical amendments proposed in this bill were ordered by the Public Service Commission so that the ordinance will conform to the state statutes governing the banning of train whistles within city limits. The final decision of the Public Service Commission will be issued upon our submission of the amended ordinance. Your favorable action in this matter will be appreciated. TJBjr /klh Attachment City A Tommy ttr IfV-- art 410 #4e faouimou 01ouuril of tot Titj of oou#4 jorud: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 15, ARTICLE I, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS THE RAILROAD TRAINS ORDINANCE. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: CHANGE SECTION REFERENCE FROM 13 -3.1 TO 15 -3.1. FRANK HORVATH Chairman PRE[ PRESS PUBLISHING Co.