HomeMy WebLinkAboutAgenda Report - April 15, 1981 (30)LOCOMOTIVE Copies of Ordinances pertaining to the pro -
WHISTLES hibitition of the use of locomotive whistles
which had been received from the cities of
Placentia and Anaheim were presented for
Council's perusal. Council directed the City
Clerk to correspond with Mr. Wilson, who had
asked the Council to check into the matter,
apprising Mr. Wilson of the information received
and the fact that the subject Ordinances dealt
only with areas where there were gate instal-
lations.
J
I'S OUR PLEASURE
TO SEND fi
i
THE ENCLOSED INFORMATION {
CITE✓ OF PLACENTIA
401 Ea4 t Chapman Avenue
Ptacenti.a, CA 9-2670
FROM: /4►ix,'y AiVi gibvl DATE:. 3-aX - 8/
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1
'ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES 6.72.030
o p
.0203 Warning devices on authorized
emergency vehicles, or horns or other warning
devices on other vehicles when used for traffic
safe-ty purposes. r%
.0204 Equipment used by any duly
authorized tenant or lessee an an integral part
of any event at Anaheim Stadium. (Ord.'4059
1 (per). 1979.)
Chapter 6.80
ABANDONED. WRECKED.
DISMANTLED OR INOPERATIVE
VEHICLES
Sections:
6.80.010 Purposes.
6.80.020 Definitions.
6.80.030 Exclusions.
6.80.040 Regulation not exclusive.
6.80.050 Administration and enforcement.
6.80.060 Removal of vehicle or parts
by authorized persons.
6.80.070 Administrative costs—
Assessment.
6.80.080 Abatement of nuisance—
Notice to abate.
6.80.090 Public hearing and notices
required.
6.80.100 Notice of hearing to California
Highway Patrol.
6.80.1 10 Public hearings—Powers of
hearing officers.
6.80.120 Appeals.
6.80.130 Removal of vehicle.
6.80.140 Notice to Department of Motor
Vehicles.
6.80.150 Administrative and removal cost
—Assessment of charges.
6.80.160 Abandonment of wrecked.
dismantled or inoperative
vehicles prohibited.
6.80.170 Misdemeanor.
6.80.180 Severability.
I9(r4 (Anaheim 10.80)
t NOISE CONTROL
(2) Outdoor gatherings, including outdoor public dances and outdoor entertainment events,
provided said events are conducted pursuant to an activity permit issued by the city recreation
division pursuant to Title 6, Chapters 6.52 and 5.56 of the City Municipal Code and are limited
to between the hours of 9:30 a.m. and 11:00 p.m.:
(3) Regularly scheduled activities conducted on public parks, public playgrounds, and
public or private school grounds. However, the use of public address or amplified music systems
is not permitted to exceed the exterior noise standard of adjacent property at the property line;
(4) Any mechanical device, apparatus or equipment used, related to or connected with
emergency machinery. vehicle or work;
(5) Noise sources associated with construction, repair, remodeling. or grading of any real
property, provided said activities do not take place between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, including Saturday, or at any time on Sunday or a federal holiday:
(6) All mechanical devices, apparatus or equipment which are utilized for the protection or
s►Ivage of agricultural crops during periods of potential or actual frost damage or other a0verse
weather conditions:
(7) Mobile noise sources associated with agricultural operations provided such operations
do not take place between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, including
Saturday, or at any time on Sunday or a federal holiday:
(S) Mobile noise sources associated with agricultural pest control tlhroagh pesticide
application: provided that the application is made in accordance with restricted material permits
issued by or regulations enforced by the agricultural commissioner:
(`) Noise sources associated with the maintenanir of real property provided said activities
take place between the hours of 9:00 a.m. and 6:00 p.m;
(10) Any activity to the extent regulation thereof has been preempted by state or federal
law. (Ord. 75-0-105 § 7, 1975).
als and churches - Special provisions. !t is unlawful for arty
23.76.080 Schools, hospit
person to create any noise which causes tlhe noise level at any school, hospital or church while the
a► same is in use to exceed the noise limits as specified in Section 23.76.0.50 prescribed for the
:►ssigned noise zone in which the school, hospital or church is located, or which noise level
unreasonably interferes with the use of such institutions or which unreasonably disturbs or
annoys patients in the hospital: provided conspicuous signs are displayed in three (3) separate
locations within one-tenth ( 1/10) of a mile of the institution indica!int: the presence of a school,
church, or hospital. turd. 75-0-105 § 8, 1975).
23.76.085 Use of locomotive whistle. Generally. The use of locomotive bell, air siren,
steam or air whistle within tlhe city at all gate -protected ,grade crossings shall be prohibited.
Exception. Any locomotive engineer sliall be permitted to use his bell, air siren, steam or air
whistle, if, in his opinion, it is necessary to avert an immediate threat to life or property. (Ord -
701 -0-120 § 1. 1 q 7 b ).
23.76.0•'0 Air conditioning and refrigeration -- Special provisions. Until January 19,
1979. the noise standards enumerated in Sections 23.76:150 and 23.76.060 shall be increased
eight (8) dB(A) where the allcrcd offensive noise source is an air-conditioning or refrigeration
system or associated equipment which was installed prior to the effective date of the ordinance
codified in this chapter. (Ori. 75-0-105 § 9. 1975),
2 3.76.100 Noise leve :neasurcment. The. location selected for measuring exterior noise
lvels shall he at any point on file affected residential, commercial or industfial property. lnterior
noise uneasurenlents shall he mage within. the affected residential unit The measurement shall be
made at a point at least four (4) feet from the wall, ceiling or floor nearest til.; noise source and
may be made with the windows of the affected dwelling unit open. (Ord. 75-0-105 § 10, 1975).
404-5 (11acrntia 6-21.77)
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::)IO'1'ORCYCLES AND MOTOR-Dki -�'l CYCLES
6.44.020 UNNECESSARY. ANNOYING.
DISCOMFORTING NOISES.°
It is hereby declared to be a nuisance
and is unlawful to make, cause or suffer or
pertnit to be made of caused upon any premises
any unnecessary noises or sounds which are
physically annoying to persons of ordinary
sensitiveness or which are so harsh or so
prolonged or unnatural or unusual in their use.
time or place as to occasion physical discomfort.
(Ord. 799 § 27 (part) as amended by Ord. 1341.
April 14, 1959.)
Chapter 6.46
MOTORCYCLES AND
MOTOR -DRIVEN CYCLES
Sections:
6.46.010
Scope.
6.46.020
Definitions.
6.46.030
Prohibited operations.
6.46.040
Permits.
6.46.050
Operation by Ix rmit.
6.46.060
Aplxal.
6.46.070
Violations --Penalties.
6.46.080
Separability.
6.46.010 SCOPE.
This chapter is designed to regulate
the operation of registered and unregistered
motorcycles and motor -driven cycles by all
persons, whether they possess a valid California
Motor Vehicles operator's license or not, upon
unimproved private property and upon all public
properly except highways, in the City of
Anaheim. (Ord. 2830 : 1 (part ); Judy 7, 1970.)
6.46.020 DEFINITIONS.
.010 A "inotorcycle" is any motor
vehicle other than a tractor having a seat or
saddle for the use of the rider and designed to
travel oil not more than three wheels in contact
with the ground and weighing less than one
6. Ord. 799 deals primarily with clogs and other
animals. The general applicability of this
section is not limited by its original context.
The portion of Ord. 791) § 27 that preceded
this sectic�i is codified :it Section 8.08.300.
185
i
l
0.44.020-6.46.040 3
thousand five hundred pounds.
.020 A "motor -driven cycle" is any
motorcycle, including every motor scooter, with
a motor which produces not to exceed five
horsep t)wer, and every bicycle with motor
attached.
.030 "Highway" is a way or glace of
whatever nature, publicly maintained and open
to the use of the public for purposes of vehicular
travel. "Ilighway" includes street.
.040 "Unimproved private property"
means any parcel of land which either contains
no structures or which is not surfaced with
cement, concrete, asphaltic concrete or other
similar material, or which does not have a hard
surface made up of a mixture of rock, sand or
gravel bound together with a chemical or
mineral substance other than natural soil. (Ord.
2830 § I (part): July 7, 1970.)
6.46.030 PROHIBITED OPERATIONS.
.010 No person shall operate a
Motorcycle or motor -driven cycle other than a
publicly -owned motorcycle or motor -driven
cycle, upon any public sidewalk, walkway.
parkway or in any public park, or recreational
area or upon any other publicly -owned
property, except highways, within the City of
Anaheim. This shall not be construed to prohibit
the operation of a motorcycle or motor -driven
cycle having a valid California vehicle
registration by any person possessing a valid
California operators' license upon the public
highways in the City of Anaheim.
.020 No person shall operate a
motorcycle or motor -driven cycle. other than a
publicly -owned motorcycle or motor -driven
cycle, upon any unimproved parcel of real
property within the City of Anaheim, except as
set forth in Section 6.46.040 below. (Ord. 2830
§ 1 (part). July 7, 1970.)
6.46.040 PERMITS.
Any person desiring to operate a
motorcycle or motor -driven cycle, and any
owner of private property desiring to allow a
person or persons to operate a motorcycle or
motor -driven cycle on his private property may
do so upon tint obtaining a permit fionl the
Chief of Police of the City of Anaheim. Permits
shall be issued upon his determination that the
owner or owners of the real property concerned.
U
USE OF LOCOMOTIVHISTLES 6.95.040--6.98.020
be housed or an increase in the number of lots
or sites provided for parking of mobile homes or
recreational vehicles by employees. (Ord. 3506 §
2 (part); February 17. 1976.)
6.95.040 REINSPECTION FEES.
The fees for a permit to operate shall
be considered as inspection fees for the initial
annual inspection of a labor camp. When any
reinspection is required pursuant to Title 25,
California Administrative Code, Section 2016.4,
the operator shall pay a fee for each such
reinspection, as follows:
.010 Twenty-five dollars (S25.00),
provided that such inspection is not in excess of
one hour's duration.
.020 if such inspection is in excess of
one hour's duration, twenty-five dollars
(525.00) plus twelve dollars and fifty cents
($12.50) for each 30 minutes or fractional part
thereof in excess of one hour. (Ord. 3506 § 2
(part); February 17, 1976.)
Chapter 6.97 r/
USE OF LOCOMOTIVE WHISTLES
Sections:
6.97.010 Generally.
6.97.020 Exceptions.
6.97.010 GENERALLY.
The use of locomotive air siren,
steani/or air whistle, within the City of Anaheim
at all gate-proiccted grade crossings shall be
prohibited. (Ord. 3616 § i (part); November 16,
1976.)
6.97.020 EXCEPTION.
Any locomotive engineer shall be
permitted to use his air siren, steam/or air
whistle if, in his opinion. it is necessary to avert
an immediate threat to life or property. (Orel.
3616 § i (part): November Ib. 1976.)
Chapter 6,98
SOLAR SHADE CONTROL
Sections:
6.98.010 Generally.
6.98.020 Exemption.
6.98.010 GENERALLY.
The Staic of California has added
Chapter 12 to Division 15 of the Public
Resources Code relating to Solar Shade Control.
Section 25985 of the Public Resources Code
further authorizes any City to exempt its juris-
diction from the provisions of said chapter.
(Ord. 3985 § i (part): March 28, 1979.)
6.98.020 EXF-NIPTION.
1'he City of Anaheim has adopted a
tree -preservation ordinance which is in conflict
with the intent of Chapter 12 of Division 15
of the Public Resources Code. Therefore, the
City Council does hereby exempt the City of
Anaheirn from the provisions of Chapter 12 of
Division 15 of the Public Resources Code. (Ord.
3985 € i (part); March 20. 1979.)
202-1 (Anaheim 7-I5-79)
SOUND PRESSURE LEVELS 6.68.040-6.70.030
r
I
adopted thereunder, pertaining to wiping rags
and wiping rags businesses:
A permit under this chapter shail be
issued by the Health Officer if the applicant
complies with the provisions of Chapter 4, Part
1. Division 5 of the Health and Safety Code and
any regulations adopted thereunder. The period
of the permit shall be one year from date of
issuance. Any permit issued hereunder may be
suspended or revoked in the manner prescribed
in Section 3951 of the Health and Safety Code.
(Ord. 3462 $ i (part); September 2, 1975.)
6.68.040 PERMIT FEES.
The Health Officer is hereby
authorised to collect an annual permit fee of
fifty-four dollars (554.00) from any applicant
for a permit under this chapter. (Ord. 3462 § i
(part); September 2. 1975. )
6.68.050 PENALTY.
Any person violating any of the
provisions of this chapter shall be deemed guilty
of a misdemeanor pursuant to licalth and Safety
Code Section 3960. 10rd. 3.62 § i (part);
September 2. 1975.)
Chapter 6.70 ✓
SOUND PRESSURE LEVELS
Sections:
6.70.010 Establisher!.
6.70.020 Violations and penalties.
6.70.030 Enforcement.
6.70.010 ESTABLISHED.
Sound produced in excess of the
sound pressure levels permitted herein are
hereby determined to be objectionable and
constitute an infringement upon the right and
quiet enjoyment of property in this City.
No , person shall, within the City.
create any sound. radiated for extended periods
from any premises which produces a sound
pressure level at any point on the property line
in excess of sixty 160) decibels (Re 0.0002
Microbar) rear) on the A -scale of a sound level
meter. Readings shall be taken in accordance
with the instrument manufacturer's instructions,
using the slowest meter response.
The sound level. measuring
microphone shall be placed at any point on the
property line, but not closer than three (3) feet
from any wall and not less than three (3) feet
above the ground, where the above listed
maximum sound pressure level shall apply. At
any point the measured level shall be the average
of not less than three (3) readings taken at two
(2) minute intervals. To have valid readings, the
levels must be five (5) decibels or more above
the levels prevailing at the same point when the
source(s) of the alleged objectionable sound are
not operating.
Sound pressure levels shall be
measured with a sound level mete;
manufactured according to American Standard
S1.4-1961 published by the American Standards
Association. Inc., New York City. New York.
Traffic sounds. sound created by
emergency activities and sound created by
governmental units shall be exempt from the
applications of this chapter. Sound created by
construction or building repair of any premises
within the City shalt be exempt from the
applications of this chapter during the hours of
7:00 A.M. to 7:00 P.M. (Ord. 2526 § 1 (part);
June 18. 1968. Ord. 3400 § 1; February 11.
1975.)
6.70.020 VIOLATIONS ANi) PENALTIES.
Any person who shall violate any of
the provisions of this caapter or any section or
part of a section thereof, whether such violation
shall consist of the commission of an act
forbidden thereby, or the failure to perform any
act required thereby. shall be deemed guilty of a
misdemeanor and punishable under Section
1.01.370 of this Code.
6.70.030 ENFORCEMENT.
The building officials of the City of
Anaheim shalt enforce the provisions of this
chapter.
ianahesni 10.30)
Chapter 6.72 V/
AMPLIFIED SOUND
Sections:
6.72.010 Purpose.
6.72.020 Regulation of amphli-d sours.
6.72.030 Definitions.
6.72.010 PURPOSE.
This City Council enacts this legisla-
tion for the sole purpose of securing and pro-
moting the public health, comfort. safety, and
welfare of its citizenry. While recognizing that
certain uses of sound amplifying equipment are
protected by the constitutional rights of free-
dom of speech an assembly, the City Council,
nevertheless, feels obilgated to reasonable
regulate the use of sound amplif' ing equipment
in order to protect the correlative constitutional
rights of the citizens of this community to
privacy and freedom from public nuisance of
loud and raucous noise. i0rd. 4059 3 1 (part):
October 9, 1979.)
6.72.020 REGULATION OF AMMPLIFIED
SOUND.
Notwithstanding the provisions of
Chapter 6.70 of this code, it shall be unlawful
for any person to use or operate, or cause to be
used or operated, within clic City of Anaheim
any sound amplifying equipment in a fixed or
movable position, or mounted upon any vehicle,
except when used or operated in compliance
with the following provisions:
.010 In A residennal zones and
within 200 feet thereof, nu sound amplifying
equipment shall be installed, operated or used
for commercial purposes at any time.
020 The operation or use of sound
amplifying equipment for noncommercial pur-
poses in all residential zones and within 200 feet
thereof, except when used pile regularly sched-
uled operative functions by any school or for
:he usual and customary purposes of any
•:hur:h, is prohibited between the hours of 7:00
p.m, and 9:00 a.m. of file following day.
.030 In all other zones. except such
portions thereof as mai he included within
200 feet of any residential zone. the operation
or use of sound amplifying equipment for
commercial purposes is prohibited between the
AMPLIFIEP--�OUND 6.72.010-6.72.030
hours of 9:00 p.m. and 8:00 a.m. of the
following day.
.040 In all other pones, except such
portions thereof as may be included within 200
feet of any residential zone. the operation or use
of sound amplifying equipment for noncommer-
cial purposes is prohibiters between the hours of
10:00 p.m. and 7:00 a.m. of the following day.
.050 The only sounds permitted shall
be either music, human speech, or both.
.060 Sound amanating from sound
amplifying equipment shall be limited in
volume, tone and intensity as follows:
.0601 The sound shall not be audible
at a distance in excess of 200 feet from the
sound equipment.
.0602 In no event shall the sound be
loud and raucous or unreasonably jarring, dis-
turbing, annoying or a nuisance to reasonable
persons of normal sensitiveness within the
area of audibility.
.070 Except as permitted in Subsec-
tion .020 above, no sound amplifying equipment
shall be operated upon any property adjacent to
and within 200 feet of any hosp'.tal grounds,
publicly owned or operated stadium, convention
center or auditorium, or any scptool or church
building, while in use. (Ord. 4059 § i ( part);
October 9. 1979.)
6.72.030 DEFINITIONS.
.010 The word "person" as used
herein shall include the singular and the plural
and shall also mean and include any person.
finn. corporation, association. club, partnership,
society or any other forni of association or
organization.
.020 The words "sound amplifying
equipment" as used herein shalt mean any
machine or device for the amplification of the
human voice, music or any other sound. "Sound
amplifying equipment" as used herein shall not.
however, be construed as including any of the
following:
.0'_01 Automobile radios, tape
players and similar devices when used and heard
only by occupants of the vehicle in which in-
stalled.
0202 Radios, televisions, phono-
graphs. tape: recorders and players, musical in-
strument amplifiers and similar devices when
used and heard only by occupants of the
premises in which the devices are located.
# 196-3 (.Anaheim 10-s0)
Abyn►
NORMAN L ECKENRODE
Chy Adn&Mp~
fawaft T _[OWSLL
409 fist O71sp+nsn arse - funs. QMA *mAe SWO
Larch 23, 1981
DONALD A. HOLT. JR.
BETTY MEAD
RICHARD ACTON
PETER LABOROE
( 714 ) 993-8231
Vera Crete
Secretary to Ronald M. Stein
City of Lodi
221 West Pine Street
Lodi, CA 95240
Dear Mrs. Crete:
Enclosed, as you requested. is a copy of City of Placentia
Ordinance No. 76-0-120 pertaining to the prohibition of the
use of locomotive whistles in the City. Also enclosed is a
copy of the staff report submitted to the Council when the
ordinance was originally adopted.
If we can be of further assistance to you in providing
information, please let us know.
Sincerely.
Betty L. Wallis
Deputy City Clerk
BLW/s
Enclosure
MAR 15 198v
1 ORDINANCE NO. 76-0-120
$ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA ADDING SECTION 23.76.085 OF THE
3 PLACENTIA 14UNICIPAL CODE PERTAINING TO THE
PROHIBITION OF THE USE OF LOCOMOTIVE WHISTLES.
4
5 (1) The City Council of the City of Placentia does
6�hereby ordain that Section 23.76.085 shall be added to the
7 Municipal Code to read in full as follows:
e 23.76.085 - USE OF LOCOMOTIVE WHISTLE
9 (A) Generally. The use of locomotive
10 bell, air siren, steam/or air. whistle,
11) within the City of Placentia at all gate
12lj protected grade crossings shall be pro -
1311 hibited.
14{ (B) Exception. Any locomotive engineer
1511 shall be permitted to use his bell, air
16 siren, steam/or -ir whistle, if, in his
17` opinion, it is :necessary to avert an
16 immediate threat to life or property.
191
20 (2) EMERGENCY EXISTS
21 This ordinance shall take effect as an emergency
.i
22�;measure immediately upon its adoption by the City Council. The
23 1
(basis for said emergency is that new housing development has
24 taken place on property adjacent to the A T b. S F Mainline and
. 25 residents are now being subjected to adverse, unnecessary and
26 annoying noise levels to the detriment of their health and welfare.
27 PASSED AND ADOPTED THIS 21st DAY OF September , 1976.
28
29 "!AY'OR OF THE CITY OF PLACENTIA
30 I ATTEST:
31
l�
32 CITY CLERK
M E M O R A N D U M
TO: CITY ADMINISTRATOR
FROK: COMMUNITY DEVELOPMENT - ENGINEERING DIVISION
DATE: SEPTE!iBER 14, 1976
SUBJECT: EMERGENCY ORDINANCE PROHIBITING RAILROAD
LOCOMOTIVE WHISTLE SOUNDING
FOR: CITY COUNCIL MEETING - SEPTEMBER 21, 1976
ENGINEER'S REPORT NO. 76-R-0113
ABSTRACT:
A proposed Emergency Ordinance prohibiting railroad locomotive
whistle sounding on their approach to street crossings is presented
for City Council .consideration.
DISCUSSION:
At the August 3, 1976 City Council meeting, a letter was
received from the Placentia Village Homeowners Association,
requesting the City's help in abating the noise and vibration
created by railroad traffic within the Atchison, Topeka s
Santa Fe Railroad right of wav adjacent to S & S Tract 8435.
Staff was directed to work with the homeowners towards a
solution.
During the course of our research, we have been in contact with
the following entities: A T & S F Railway Company, Public
Utilities Commission, Cities of Anaheim, Pasadena, South
Pasadena, Torrance, Countv of Orange, and S 6 S Construction Co.
In addition, a meeting with S s S and the Homeowners Association
was hela on August 9, and two meetings with A T 6 S F on
August 23 and September 8, 1976. A memo to the file on the
September 8 meeting is attached as the latest information
available on our progress.
Our noise consultant, Orange County Health Department reports
in a draft letter (attached) that the exterior noise level meets
our tract conditions (68 cnel) but that the interior noise level
at 54.8 to 60.8 exceeds our limit of. 47 cnel. As soon as we
receive his final report, it is our intent to officially notify
the developer that he has not met the noise condition.
In other testimony by the noise consultant, he ind-icated that
train speed would have a very minor affect on the noise level
but that the whistle is a prime source of irritation.
At our last meeting with A T i S F, they indicated a "probable"
compliance with any whistle abatement ordinance that the City
Council may pass and asked if one were to be adopted that it be
worded to allow sounding to alert wayward animals or people.
The railroad is willing to go alogg with this, we suspect, be-
cause all crossings between Corona and Santa Fe Springs are
protected with gates, The City of South Pasadena just had their
second reading of an ordinance to prohibit whistle sounding at
crossings effective in December when all crossings in that City
will be protected with gates.
A letter from the City Attorney addressing the liability potential
is attached for your information. While he indicates that lia-
bility is ever present., the risks are in affect no greater than
when power fails at a traffic signal installation.
"`
ENGINEER'S REPORT NO. 76-R-0113
September 14, 1976
Page 2
The City of Anaheim staff indicates willingness to propose a
similar ordinance to its City Council since that portion of
track adjacent to S & S Development lies within its City
boundary.
RECOtDiENDAT.T.ON
Since the locomotive whistle has been identified as a prime
source of irritation by our noise consultant and since all
City crossings are protected with gates it is recommended that
1) The City Council adopt the attached Emergency Ordinance
to promote the health, welfare and general well being of its
residents and future residents in proximity of the railroad
tracks, and 2) Direct staff to request the City of Anaheim
to adopt a similar ordinance applicable to this mainline.
Respect fu-1-lY5pbm i t ted ,
� o
r
4!n Minamide, P.E.
Director, Community Development
City Engineer
RM/mc
Attachments: Ordinance No. 76-0-120
City Attorney's Letter dated 9/15/76
Letter (Railroad Noise Study) dated
9/B/76 76 from County of Orange
I
7
Memorandum6
to the File of 9 8
/I
M E M O R A N D U M
TO: CITY ADMINISTRATOR
FROM: CITY ATTORNEY
DATE: SEPTEMBER 15, 1976
SUBJECT: LIABILI'T'Y FOR CITY ORDINANCE PROHIBITINC BLOWING
OF TRAIN WHISTLES WITHIN CITY LI"LITS
FOR-. CITY COUNCIL MEETING OF SEPTEMBER 21, 1976
Section 7604 of the Public Utilities Code States, in substarvice,
that a bell or whistle shall be sounded a certain distance
from street crossings except in cities. The City is, therefore,
not prohibited from limiting bell or whistle use in the City.
If the City prohibits the use of bells or whistles and an
accident is somehow "caused" by the prohibitiory a claim can
be made that the City is liable.
Each time the City engages in an activity, there is some risk
that liability may follow. Claims can and have been made where
accidents result from malfunctioning traffic signals, improperly
designed intersections, improper warning devices for road construc-
tion, and so on. The City can and does carry insurance for these
purposes. The risk is lessened by the gates, bells and other
safety devices at the intersections in Placentia.
My opinion is that the risk of liability by prohibiting train
bells and whistles in Placentia is no greater than the risk
created by numerous other City activities.
Respectfully submitted,
Charles J. Post, III
City Attorney
CITY OF LOD1
221 Vest Pine Street
Lodi, CA 05240
Gt,
CITY OF ANAHEIM, CALIFORNIA
Planning Department
March 27, 1981
Attention: Mary Joan Starr,
Assistant Planner
Dear Ms. Starr:
This is in reply to your letter of March 17, 1981 requesting
information about an ordinance prohibiting the use of locomotive
whistles within the City limits.
Enclosed is a copy of City of Anaheim Ordinance No. 3616 which
was adopted on November 16, 1976. The value of this ordinance is
highly questionable. The City Attorney has advised me that if the
offending railroad contested an attempt at enforcement it would be
necessary to provide extensive data and evidence in support of the
prosecution. In addition, there is a question of liability. if
there were accidents when the signal was not sounded would the City
be liable?
In view of the above factors it may be advisable to look for
other solutions to the problem. It would be helpful if there were
other means of obtaining cooperation from the railroads. I would
appreciate any suggestions you may have in reducing noise pollution
from this source.
RJK:IIh
Enclosure
Very truly yours,
PLANNING DEPARTMENT
Robert J. Kelley r
Associate Planner 1
P. O. Box 3222. Anaheim. California 92803
(714) 999-5139
R E C E I V F [,-)"
HAR 30 1n; i
0 DEVI
DEPA►;rWLA
ORD*I:4U"C°-; ii0. 3616
Ail oRDIr Aini;, or ^lis:. CITY OF PaIALLIM ADDING
C11APTER 6.97 TO `!'i1L°' AIdAHLL' EUJICIPAL CODL•'
PERTAINING 1'0 TiiE USE OF LOCOI30TIV ; WISTLE.
'rHE CITY COtT3CIL OF TiIE CITY OF ANAHEII-1 DOLS pRDAI;\t
AS FOLLOWS
SECTION 1.
That Title 6, Chapter 6.107, be, and the same is hereby,
added to the Anaheim Municipal Code to read as follows:
"CHAPTER 6.97 USE OF LOCO:IOTIVE WHISTLE
.010 Generally - The use of locomotive air
siren, steam/or air whistle, wi`.hin the
City of ruiaheb;i at all gate protected
grade crossings shall be prohibited.
.020 E••ception - Any locomotive engineer
sha a permitted to use his air siren,
scara/or air whistle if, in his opinion,
it is necessary_ to avert an immediate:
threat to life or property."
SECTION 2. SLVLRABILl'TY.
The City Council of the City of Anaheim Hereby ueclares
that should any section, paragraph, sentence or word of this ci-iap-
ter of the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed
all other portions of this chapter independent of the elimination
herefroi of any such portion as may be declared invalid. .
SECTION 3.
The City Clerk shall certify to the passage of this or-
dinance and shall cause the same to be printed once within fifteen
(15) clays after its adoption in the .'Uiaheiia Bulletin, a newspaper
of general circulation, printed, publisheu and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in Lull force.
THE FOREGOIi!G ORDINANCi. is approved a110 signed by rae
this 16th day of November 1976.
i•b ' R OF `flit C ^.Y OF AIIAUL It
ATT i.ST
CITY CLERK -OF TiK,E CITY ti::!I
1
FAL, JR: fm
CITY COUNCIL
JAMES A.Y. Mayo, CITY O F LO D I
ROBERT G.. MURPHY.
rn
Mayor pro Te
RICHARD L. HUGHES CITY HALL. 221 WEST PINE STREET
WALTER KATNKH POST OFFICE BOX 320
JAMES W. PINKERTON. Ir LODI. CALIFORNIA 95241
(209) 334-5634
D R A F T
April 17, 1981
Mr. Lawrence A. Wilson
325 Daisy Avenue
Lodi, CA 95240
Dear Mr. Wilson:
HENRY A. CLAVES. Jr.
City Manaser
ALICE M. REIMCHE
City Clerk
RONALD M_ STEIN
City Attorney
We are enclosing herewith copies of ordinances re-
ceived from the cities of Placentia and Anaheim
regarding the prohibition of the use of locomotive
whistles within those localities.
We would suggest that you come into our office and
speak with our City Attorney, Mr. Ronald Stein,
regarding your request that the City of Lodi adopt
a like ordinance. You will note in reviewing these
ordinances that this is applicable only in areas
where there are gate installations. I believe that
Mr. Stein will be able to answer any questions that
you may have regarding these documents.
Very truly yours,
Alice M. Reimche
City Clerk
AR: dg
Enc.
Alice talked to Mr. Wilson over the phone. He came
in and talked to Ron April 16, 1981 and received
copies of the ordinances.