§ 29-3. Noise.

(a)

Use of bell and whistle at crossing; offense.

(1)

Recital.

a.

This section is not intended to regulate railroad safety.

b.

This section is intended to control excessive, nuisance-causing noise.

(2)

Conduct.

a.

The engineer in charge of the locomotive shall continue to ring the bell and blow the whistle as required by federal and state laws and the Railroad's Code of Operating Procedures.

b.

However, neither the bell nor the whistle shall be sounded unless required to do so by federal or state laws or in accordance with the Railroad's Code of Operating Procedures.

(3)

Penalties. A fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) shall be assessed against the railroad company. Service of citation shall be at the railroad's place of business within the city.

(b)

Idling; offense.

(1)

Conduct. No engine shall be allowed to idle North of El Indio Blvd. for more than one continuous hour on any given day during the hours of 9:00 p.m. and 7:00 a.m.

(2)

Penalties. A fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) shall be assessed against the railroad company. Service of citation shall be at the railroad's place of business within the city.

(Ord. No. 01-33, § 2, 10-23-2001)