081 of 2004 - Prohibiting the sounding of train warning devices along the 900 South rail line between 700 West & R 0 04-1
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SALT LAKE CITY ORDINANCE
No. 81 of 2004
(900 South Quiet Zone)
AN ORDINANCE PROHIBITING THE SOUNDING OF TRAIN WARNING
DEVICES ALONG THE 900 SOUTH RAIL LINE BETWEEN 700 WEST STREET
AND REDWOOD ROAD, INCLUSIVE; TEMPORARILY SUPERSEDING THE
EFFECTIVENESS OF SECTION 14.44.095 OF THE SALT LAKE CITY CODE;
ESTABLISHING AN EFFECTIVE DATE AND A TERMINATION DATE; AND
RELATED MATTERS.
* * *
WHEREAS, on December 18, 2003, the Federal Railroad Administration (the
"FRA"), issued its Interim Final Rule (the"Rule"), relating to the sounding of warning
devices at railroad/street crossings, which Rule is proposed to become effective
December 18, 2004; and
WHEREAS, pursuant to the Rule, communities which have implemented
supplemental safety measures meeting FRA standards ("SSMs"), may, after the effective
date of the Rule, establish and designate quiet zones; and
WHEREAS, Salt Lake City desires to establish a quiet zone under the Rule on the
rail line that parallels 900 South Street at approximately 950 South, effective for all
rail/street crossings between 700 West Street and Redwood Road, inclusive, and has
implemented SSMs at such crossings in anticipation of establishing such quiet zone under
the Rule; and
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WHEREAS, Section 56-1-14, Utah Code Annotated(the"Act"),provides that all
locomotives shall sound bells,whistles or sirens within certain distances of each railroad
track/street crossing; and
WHEREAS, the Act further provides that local jurisdictions may, by ordinance
approved by the Utah Department of Transportation("UDOT"), provide more restricted
sounding of bells,whistles or sirens, or may provide for the elimination of the sounding
of such bells,whistles or sirens, except in case of emergency; and
WHEREAS,pending the effective date of the Rule, Salt Lake City desires to
restrict the sounding of warning devices within the Quiet Zone, under authority of the
Act; and
WHEREAS, Salt Lake City has obtained UDOT's preliminary approval of this
ordinance,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SALT
LAKE CITY, UTAH, AS FOLLOWS:
SECTION 1. DEFINITIONS. The following terms shall have the
following meanings when used in this Ordinance:
900 South Quiet Zone means the rail corridor and all rail/street crossings on the
rail line which parallels 900 South State Street at approximately 950 South, between 700
West Street and Redwood Road, inclusive, which crossings are identified by the
following US DOT Crossing Inventory numbers:
DOT 254946G, 700 West
DOT 805825H, 800 West
DOT 805826P, 900 West
DOT 806756F, 1100 West
DOT 806754S, Navajo Street
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DOT 806755Y, Emery Street
DOT 806753K, Redwood Road
Effective Date means date on which warning devices shall cease to be used,
pursuant to this Ordinance.
UDOT means the Utah Department of Transportation.
FRA means the Federal Railroad Administration.
SECTION 2. BAN ON WARNING DEVICES, 900 SOUTH QUIET ZONE.
No operator of a railroad locomotive or any other railroad vehicle shall cause or
permit the routine sounding of locomotive horns on the approaches to and at the
rail/street crossings within the 900 South Quiet Zone. Nothing in this Ordinance shall
prohibit an engineer from sounding the locomotive horn to provide a warning to vehicle
operators, pedestrians, trespassers or crews on other trains in an emergency situation if, in
the engineer's sole judgment, such action is appropriate in order to prevent imminent
injury, death or property damage. This Ordinance does not require that such warnings be
provided nor does it impose a legal duty to sound the locomotive horn in such situations.
Nothing in this Ordinance excuses compliance with FRA rules in sections 214.339,
234.105, 234.106, and 234.107 of title 49, Code of Federal Regulations, concerning use
of the locomotive horn under circumstances therein described. Nothing in this Ordinance
restricts the use of the locomotive horn for purposes other than highway-rail crossing
safety(e.g., to announce the approach of the train to roadway workers in accordance with
a program adopted under FRA Rules at 49 CFR 214 or where required for other similar
purposes under the operating rules of the locomotive operator.)
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SECTION 3. SALT LAKE CITY UNDERTAKINGS.
(a) Salt Lake City shall cause to be conducted a public information campaign
for the purpose of educating the public regarding the proposed whistle, horn and siren
restrictions, and the Effective Date. Such campaign shall last not less than seven (7)
consecutive days, and shall be completed not more than thirty(30) days prior to the
Effective Date.
(b) The City shall maintain school-crossing guards at the crossings located on
Emery and Navajo Streets. Times that Guards shall be provided will be in accordance
with Utah Administrative Rule R920-5 (Manual and Specifications on School Crossing
Zones, Supplemental to Part VII of the Manual on Uniform Traffic Control Devices.)
(c) All warning devices installed at a crossing shall operate properly and in
accordance with the provisions of FRA Grade Crossing Signal System Safety Rules at 49
CFR 234. In the event of a warning system malfunction as defined in 49 CFR 234.5, an
engineer operating a train through the crossing is not responsible for sounding the
locomotive horn until he or she has been informed or knows of the warning system
malfunction.
(d) Advance warning signs, as approved by UDOT and in conformance with
the Manual on Uniform Traffic Control Devices issued by the Federal Highway
Administration, shall be posted and maintained by the City advising motorists that
locomotive warning devices will not be sounded.
(e) Maintenance of the raised medians and quiet zone related signs located on
SR-68 (Redwood Road) is the responsibility of the City.
(f) The City shall maintain, at its expense, and in accordance with FRA
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standards, all signage and street improvements within the Quiet Zone required as SSMs,
pursuant to the terms of the Agreement Re: 900 South, dated March 24, 2003,between
the City and Union Pacific Railroad Company(the "Company").
(g) The City shall cause the Company to maintain, at the Company's expense,
and in accordance with FRA standards, all crossing signals and crossing gates within the
Quiet Zone and required as supplemental safety measures,pursuant to the terms of the
Agreement Re: 900 South, dated March 24, 2003, between the City and the Company.
(h) Salt Lake City shall hold harmless and indemnify and defend UDOT from
and against all legal claims and liability arising from the implementation or continuance
of the 900 South Quiet Zone, except for claims and liability arising out of acts or
omissions on the part of UDOT in connection with matters for which UDOT has a legal
responsibility.
(i) Upon the later to occur of(i) approval by UDOT of this Ordinance, or(ii)
completion of supplemental safety measures meeting the requirements of the Rule, in
accordance with 49 CFR 222 and 49 CFR 229, Salt Lake City shall give written notice to
the Company and UDOT of this Ordinance, and the Effective Date of the prohibition
against sounding warning devices effected hereby.
SECTION 4. UDOT APPROVAL.
This Ordinance is subject to the approval of UDOT, pursuant to the Act. Upon
receipt of this ordinance, UDOT shall issue an Order to the Company notifying them of
the implementation of the Quiet Zone on the effective date. Such approval may be
revoked by UDOT in the event Salt Lake City fails to perform one or more of its
obligations hereunder, and such failure continues for a period of thirty(30) days
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following written notice of such failure from UDOT to Salt Lake City. Upon revocation
by UDOT of its approval as provided herein, this Ordinance shall cease to be effective. In
cases of imminent danger to the public, UDOT may immediately and temporarily
suspend this Ordinance by notifying the Company and Salt Lake City in writing of the
need for the suspension, and enumerating corrective measures that must be taken for the
suspension to be lifted. UDOT shall immediately lift such a suspension by written notice
to the Company and Salt Lake City as soon as the enumerated corrective measures are
completed.
SECTION 5. Should any provision of this Ordinance be declared illegal by a
court of competent jurisdiction, Salt Lake City shall work with UDOT to develop an
acceptable provision that still carries out the purpose and need of the original provision, if
possible. Also, a declaration that any provision of this ordinance is illegal shall not work
to make any other provision, or the entire agreement, illegal.
SECTION 6. Inasmuch as the Rule will preempt the Act when the Rule becomes
final, this Ordinance shall be effective until final Rule goes into full force and effect, and
shall be deemed terminated and of no effect thereafter. Beginning at 12:00 a.m. on the
effective date of the final Rule, the sounding of warning devices within the 900 South
Quiet Zone shall be governed by such final Rule and any ordinance,policies or
procedured adopted by Salt Lake City pursuant thereto.
SECTION 7. EFFECTIVENESS OF SECTION 14.44.095 OF THE SALT
LAKE CITY CODE. Section 14.44.095 of the Salt Lake City Code shall be deemed
superseded by this Ordinance as long as this Ordinance is effective.
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SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect at 12:00 a.m. on the fifteenth day following the
day on which notice is mailed to the Company and to UDOT pursuant to Section 3(i)
hereof.
Passed by the City Council of Salt Lake City, Utah, this 12th day of October ,
2004.
Efgt\e/
CHA ERSON
ATTEST:
CHIEF DEPUTY CI C ER
Transmitted to the Mayor on October 21. 2004
Mayor's Action: &pproved ❑Vetoed
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MAYOR
ATTEST:
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Bill No. 81 of 2004
Published: November 17, 2004
g:\ordinance 04\quiet zone ordinance
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