Municipal elected officials across Texas owe a duty to their constituents. Appointed officials also owe a duty of care to local residents, even if they are not elected to their roles. They must make decisions about managing the local community that protect property values, uphold the local economy and preserve the characteristics that make the community unique.
As technology and development spread from urban centers into more rural areas, municipal authorities often need to adopt new laws ensuring that industrial expansion does not affect property values or the standard of living within the community. Railroad infrastructure offers the cost-effective form of transportation for humans, raw materials and merchandise.
Unfortunately, trains are quite noisy, as they sound their horns when approaching intersections. The noise they generate, especially as traffic levels increase, can lead to local complaints. Municipal authority figures may need help putting together quiet zone ordinances and similar regulations that can help protect their constituents from disruptive and noisy railroad operations.
Not all local laws are enforceable
Municipal authorities can adopt many different types of regulations, but not all of those proposed ordinances actually take effect and serve their intended purpose. Local laws must comply with state and federal regulations. When the goal of an ordinance is to limit the negative impact a particular industry has on the local residents, lawmakers must ensure that the language of the law meets very strict standards.
Quiet zone and noise limitation ordinances often face litigation brought by railroad companies and other businesses. They may be unenforceable if local officials fail to take the necessary steps. To adopt effective laws without putting the local government at risk of protracted litigation and the expenses generated by a lawsuit, guidance while crafting the language of the statute is of the utmost importance.
Local authorities must work with the Federal Railroad Administration and the Texas Department of Transportation, as well as the affected railroad, when establishing a quiet zone. There must be adequate local safety infrastructure to offset the risk of reducing train horn use. Local authorities may need to implement supplementary safety measures to ensure that quiet zones don’t create more crash risk.
Municipal authorities must use train and travel data to determine the risk of a crash and ensure that the risk level calculated is at or below the risk level when using horns. Municipal authorities must provide notice of intent to all railroads operating locally and give them 60 days to file objections or comments on the plan. Even the rollout of the new safety plan is subject to strict guidelines.
Discussing a planned quiet zone ordinance with an attorney who manages complex municipal legal matters can help elected officials and other government professionals fulfill their duty to their local community. Legal guidance reduces the risk of a new ordinance facing legal pushback and causing more harm than benefit.