§ 32-32. Locomotive horn ban designation.

(a)

Unless preempted by federal or state law the city council may designate selected highway grade crossings within the city at which the engineer or person in charge of a railroad locomotive shall not sound the railroad locomotive horn within one thousand three hundred twenty (1,320) feet of the grade crossing at which approved supplementary safety measures are installed.

(b)

Any person or property owner requesting the approval and installation of supplemental safety measures at a railway grade or crossing shall submit plans and specifications to the director for supplemental safety measures. Such person or property owner shall obtain approval of and contract with the railroad and/or the operating companies which own and/or control the railway grade crossing for the construction and maintenance of such supplemental safety measures and shall provide copies of such executed contracts and agreements to the director. The person or property owner requesting the approval and installation of the supplemental safety measure shall pay or cause to be paid all cost of construction, installation and maintenance of the supplemental safety measure, unless otherwise agreed by the city.

(c)

The director shall review all plans and contracts submitted in connection with the implementation of a supplemental safety measure and provide recommendations to the city council. If the city council finds the proposed supplemental safety measure to be an effective substitute for the railroad locomotive horn and that all approvals, construction and maintenance agreements have been executed then the city council shall authorize an agreement be made and designate such railway grade crossing at which a ban of the sounding of a railroad locomotive horn be in effect in accordance with this article.

(Ord. No. 8442, § 1, 2-3-05)