HomeMy WebLinkAbout2001-033 train horn “quiet zone” / whistle ban Az
ORDINANCE NO. 2001- 33
AN ORDINANCE concerning establishment of a train locomotive horn "quiet
zone" including the five at -grade crossings including "I" Street,
"D" Street; Lincoln Avenue, "B" Street, and Yakima Avenue.
WHEREAS, for approximately 15 years ending about 1997 railroad operations on the
railroad lines through the City of Yakima occurred on a limited basis, daytime only
basis; and
WHEREAS, during that 15 year period businesses, including particularly residential
apartment and lodging businesses made substantial investments in properties along
North First Street; and
WHEREAS, beginning about 1997, interstate railroad operations through Yakima
were resumed at a frequency of up to 10 trains per day at any time of day; and
WHEREAS, federal law and railroad policies generally require trains to sound
locomotive horns when approaching and crossing at -grade crossings of railroad
tracks and streets traveled by motor vehicles, pedestrians and bicyclists; and
WHEREAS, since resumption of train operations through the City of yakima, the
locomotive horns sounded when train approach and cross at -grade crossings have
adversely affected residents and businesses, including particularly lodging
businesses along North First Street; and
WHEREAS, the City of Yakima has worked together with the Burlington Northern
Santa Fe Railroad Company ( "BNSF "), the Federal Rail Administration ( "FRA "), and
the Washington Utilities and Transportation Commission ( "WUTC ")to pursue the
possibility of establishing a locomotive horn "quiet zone" including the five at -grade
crossings including "I" Street, "D" Street; Lincoln Avenue, "B" Street, and Yakima
Avenue; and
WHEREAS, in pursuit of a train locomotive horn quiet zone, the City of Yakima and
BNSF have, pursuant to the authority of the FRA and with the cooperation of the
WUTC, established a three phase locomotive horn "quiet zone" pilot project to
ascertain the sufficiency of supplemental safety measures instead of sounding
locomotive horns; and
WHEREAS, the first two phases of the train whistle "quiet zone" pilot project have
been completed including the improvement of the five at -grade crossings including
"I" Street, "D" Street; Lincoln Avenue, "B" Street, and Yakima Avenue with
supplemental safety measures that prevent careless movement over the crossings,
and the FRA and the WUTC and BNSF are prepared to proceed to the third phase in
which the FRA will actually order the BNSF to not sound locomotive horns; and
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WHEREAS, RCW 81.48.015 authorizes the City to prohibit the sounding of
locomotive horns at railroad crossings equipped with supplemental safety measures
that prevent careless movement over the crossings; and
WHEREAS, it is in the best interests of the City to exercise the authority granted by
the legislature as provided in RCW 81.48.015 in order to establish a locomotive horn
"quiet zone" at the five at -grade crossings including "I" Street, "D" Street; Lincoln
Avenue, "B" Street, and Yakima Avenue; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. On September 1, 2001, or as soon thereafter as the Federal Railroad
Administration and the Washington Utilities and Transportation Commission issue
any and all necessary and appropriate orders and complete any and all other
necessary and appropriate actions, the operator of any locomotive shall cease
sounding of locomotive horns on approach to and at the five at -grade crossings
including "I" Street, "D" Street; Lincoln Avenue, "B" Street, and Yakima Avenue
located in the City of Yakima, Washington, subject to the following conditions:
(a) All highway -rail crossing warning devices installed at the crossing are
operating properly in accordance with the provisions of 49 CFR part 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 of the
warning system malfunction;
(b) Advance warning signs as approved by the WUTC shall be posted and
maintained by the City of Yakima advising motorists that locomotive horns
will not be sounded at the five at -grade crossings including "I" Street, "D"
Street; Lincoln Avenue, "B" Street, and Yakima Avenue; and
(c) There are in place and in effect at the crossing pursuant to RCW 81.48.015
appropriate supplemental safety measures as approved by WUTC order.
Nothing in this ordinance is intended to prohibit a railroad 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 sections 214.339, 234.105, 234.106,
and 234.107 of title 49 CFR concerning use of the locomotive horn under
circumstances therein described. Nothing in this ordinance is intended to prohibit an
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engineer from sounding the locomotive horn or whistle to provide necessary
communication with other trains and train crew members if other means of
communication are unavailable.
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 17th day of July, 2001.
b
Mary Place, Mayor
ATTEST: �,•
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/9T7 &- City Clerk `t v ` SEAL . U
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Publication Date: _ • _ • • .... ' 'off, •
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Effective Date: 8 -19. -2001
C:\ word\ city - utilities- services \engineering \whistleban \draft ord.doc Last printed 07/12/2001 1:59 PM
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° E
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT 1
• Item No.
For Meeting of July 17, 2001
ITEM TITLE: Consideration of Ordinance Establishing a "Quiet Zone" for the
train locomotives at five at -grade crossings including "I" Street, "D"
Street, Lincoln Avenue, "B" Street, and Yakima Avenue.
SUBMITTED BY partment. of mmunity and Economic Development -
i . ook, CED Department Director, 575 -6227.
CONTACT PERSON/TELEPHONE: K. Wendell Adams, Engineering Division Manager, 576 -6648.
SUMMARY EXPLANATION:
There have been many public meetings concerning the "Whistle Ban" Project and many
months of video observation and recording to attempt to enact legislation for the "Quiet
Zone ". This Ordinance will be the next step (Phase 3) for this pilot project to begin the
quiet zone. Assuming all parties agree to the pilot project, the Whistle Ban could be in
place by September 1St, this year. The Whistle Ban will be monitored for the next 4 months
or more depending on the results.
Resolution Ordinance X Contract Other (Specify) Whistle 'Ban
Funding Source
APPROVED FOR SUBMITTAL:
it Manager
STAFF RECOMMENDATION:
Pass Ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -33