Session of 1998
By Senator Steineger
            9             AN ACT concerning railroads; relating to the sounding of whistles;
10             amending K.S.A. 66-2,120 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 66-2,120 is hereby amended to read as follows: 66-
14       2,120. (a) An air whistle shall be attached to each locomotive engine, and
15       shall be sounded four (4) times (two long, one short and one long blast)
16       beginning at least eighty (80) 80 rods from the place where the railroad
17       shall cross any public road or street and to be prolonged or repeated until
18       the crossing is occupied by the engine or car, except in cities and villages,
19       under a penalty of not more than twenty dollars ($20) $20 for every each
20       neglect of the provisions of this section, to be paid by the corporation
21       owning the railway on the suit of the county attorney, one-half thereof 1/2
22       to go to the informer, and the other half 1/2 to the county treasurer; and.
23       The corporation shall also be liable for all damages which shall be sus-
24       tained by any person by reason of such neglect: Provided, however, That.
25       Such penalty shall be sued for within one (1) month from the time the
26       cause of action accrues, and not thereafter: And provided further, That
27       but. Only one penalty shall be recovered in any one action.
28           (b) Locomotive air whistles shall not be sounded as provided in sub-
29       section (a), in an urban area unless necessitated by imminent danger.
30           (c) Any locomotive air whistle which is sounded shall not produce a
31       sound in excess of 106 decibels.
32           (d) For the purpose of this section ``urban area'' means any city or
33       contiguous cities having a total population of 50,000 persons.
34           Sec. 2. K.S.A. 66-2,120 is hereby repealed.
35           Sec. 3. This act shall take effect and be in force from and after its
36       publication in the statute book.