HomeMy WebLinkAboutOrdinance # 1922ORDINANCE NO. 1922
AN ORDINANCE DELETING SECTION 8-15-2 (OBSTRUCTING STREETS) OF
CHAPTER 15 (RAILROADS) OF THE CANTON MUNICIPAL CODE
WHEREAS, the Legal and Ordinance Committee has taken notice that on January 25, 2008, the
Second District Appellate Court determined that municipal ordinances, which prohibit the
blocking of roadways by trains for specified periods of time, is preempted by the Federal
Railroad Safety Act. (The Village of Mundelein v. Wisconsin Central Railroad, No. 103543) On
the same date, the Fifth District Appellate Court also determined that the Illinois Blocked
Crossing Law based on Section 18c-7402(1)(d) of the Illinois Vehicle Code is preempted by the
Federal Railroad Safety Act. (Eagle Marine Industries v. Union Pacific Railroad Company, No.
102462)
WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the
best interest of the citizens of Canton, Illinois to delete Section 8-15-2 (Obstructing Streets) of
Chapter 15 (Railroads) of the Canton Municipal Code; and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, be it ordained by the City Council of the City of Canton, Fulton County,
Illinois as follows:
(1) That Section 8-15-2 (Obstructing Streets) of Chapter 15 (Railroads) of the Canton
Municipal Code is hereby deleted.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 4th day of March , 2008.
AYES: Aldermen SXhenck, West, Nidiffer, rTeade, Str~dberg,
Lewis.
NAYS: None .
ABSENT: Aldermen Berardi, Sarl`f.
AP
Rodn W. Heinze, May
ATTEST:
f ~ I ~~1.~~~~/
Na cy Whit s, City Clerk