logo  ST. CHARLES PARISH, LA
File #: 2017-0040    Version: 1 Name: Amend Code - remove in its entirety, Chapter 20-Railroads, Section 20-3. Blocking crossings and replace with Section 20-3. Reserved
Type: Ordinance Status: Failed
File created: 2/6/2017 In control: Parish Council
On agenda: 2/20/2017 Final action: 2/20/2017
Enactment date: Enactment #:
Title: An ordinance of the Parish of St. Charles providing that the Code of Ordinances, Parish of St. Charles, be amended by removing in its entirety, Chapter 20-Railroads, Section 20-3. Blocking crossings and replace with Section 20-3. Reserved.
Sponsors: Paul J. Hogan
Indexes: Legal Services (Dept. of), Railroad
Code sections: Ch. 20. - Railroads
Attachments: 1. 2017-0040 Failed Proposed Ord

2017-0040

INTRODUCED BY:                     PAUL J. HOGAN, PE, COUNCILMAN-AT-LARGE, DIVISION B

ORDINANCE NO.  ___________

Title

An ordinance of the Parish of St. Charles providing that the Code of Ordinances, Parish of St. Charles, be amended by removing in its entirety, Chapter 20-Railroads, Section 20-3. Blocking crossings and replace with Section 20-3. Reserved.

Body

WHEREAS,                     Chapter 20-Railroads, Section 20-3. Blocking crossings of the Code of Ordinances, provides regulations for blocking a public way by any railroad corporation, receiver, or assignee thereof; and,

WHEREAS,                     the Supreme Court ruled that only Congress can regulate Railroads resulting in the Interstate Commerce Act of 1887; and,

WHEREAS,                     therefore any ordinances and/or regulations enacted by a local municipality are deemed unconstitutional and therefore unenforceable.

THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:

SECTION I.                     That the Code of Ordinances, Chapter 20-Railroads, Section 20-3 Blocking crossings be removed in its entirety and replaced with the following:

                     Section 20-3.  Reserved.

                     The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:

 

 

 

 

                     And the ordinance was declared adopted this       _    day of ___________, 2017, to become effective five (5) days after publication in the Official Journal.

2017-0040 ORD-REMOVE-CHAPTER20SECTION20-3-BLOCKINGRRCROSSING (I_2-6-17)

 

 

CHAIRMAN:______________________________________________

SECRETARY:_____________________________________________

DLVD/PARISH PRESIDENT:_________________________________

APPROVED:______________ DISAPPROVED:__________________

 

PARISH PRESIDENT:______________________________________

RETD/SECRETARY:_______________________________________

AT:_______________ RECD BY: _____________________________