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: _____________________________