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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 becomes effective December 18, 2004; and
WHEREAS, pursuant to the Rule, communities which have implemented supplemental safety measures meeting FRA standards (“SSM’s”), 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 SSM’s at such crossings in anticipation of establishing such quiet zone under the Rule; and
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 123-456X, 700 West
DOT 123-456X, 800 West
DOT 123-456X, 900 West
DOT 123-456X, 1100 West
DOT 123-456X, Navajo Street
DOT 123-456X, Emery Street
DOT 123-456X, 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 any audible warning device to be sounded within the 900 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 purposes under the operating rules of the UPRR.)
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) are the responsibility of the City.
(f) The City shall maintain, at its expense, and in accordance with FRA standards, all signage and street improvements within the Quiet Zone required as SSM’s, 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 measure’s, 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 UDOT for all legal actions arising from the implementation or continuance of the 900 South Quiet Zone.
(i) Upon the later to occur of (i) approval by UDOT of this Ordinance, (ii) completion by Salt Lake City of the public relations campaign required by Section 3(a) hereto, and (iii) 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 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. 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 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.
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 preempts the Act effective December 18, 2004, this Ordinance shall be effective through December 17, 2004, and shall be deemed terminated and of no effect thereafter. Beginning December 18, 2004, the sounding of warning devices within the 900 South Quiet Zone shall be governed by the 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.
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 pursuant to Section 3(i) hereof.
Passed by the City Council of Salt Lake City, Utah, this 12th day of October, 2004.
Bill No. 81 of 2004
Published: November 17, 2004.