HomeMy WebLinkAboutAmending City Code the Sounding of Locomotive WhistlesORDINANCE No. 5457 -72
Passed by the Common Council of the City of South Bend, Indiana.
NOVEMBER 13 19 72_
Attest: x- A � City Clerk
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend,
NOVEMBER 14 ro 72
of Common Council
City Clerk
IRENE K. GAMMON
Approved and signed by me -h-e" /'/ 19-71
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WHEREAS, City Code Sec. 15 -3 has been superseded and pre-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
Street and Logan Street in the City of South Bend, Indiana.
SECTION II. This Ordinance shall be in full force and effect
from and after its passage by the Common Council, its approval
by the Mayor, the fulfillment of all statutory requirements of
emergency appropriations, and publication as required by law.
lit A=bli! READING /0 a 3 - 7A,
COMMITTEE OF THE WHOLE
PUBLIC HEARING I I- 1 3-7 a
30 READING!( -!3.7
NOT APPROVED
REFERRED
PASSED // 43.9--
.. J -.. ltlLa
Member o i, the Common Council
FILED IN CLERK'S OFFICE
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
Off 2 0 1972
TantmtUrt Stpar# November 13, 1972
i9a 14 (IIammu (Qouuril of tot (guy of Ovw4 11rnd:
Your Committee of the Whole
to whom was referred
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.
Respectfully report that they have examined the matter and that in their opinion the Ordinance should go
to the Council as favorable.
Odell Newburn
Chairman
'... ..... PUe L18XIN4 <..