Without Quiet Zones Won’t the SMART Train Breach City Ordinances?

Quiet and Safe San Rafael has identified this City Code of Ordinances policy document -without Quiet Zones it would be interesting to understand how the SMART Train can operate under federal requirements to sound a 96-110db train horn and meet the city’s own policy rules:

      “It is hereby declared to be the policy of the City of San Rafael, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of San Rafael from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the city council to control the adverse effect of such noise sources on the citizens by prescribing standards prohibiting detrimental levels of noise and by providing a remedy for violations. The provisions of this chapter and the remedies contained in this code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the city’s environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizens of the city.”

(Ord. 1789 § 3 (part), 2002).

Source: http://search.municode.com/html/16610/level2/TIT8MOCO_CH8.13NO.html

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