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HomeMy WebLinkAboutORD NO 2224ORDINANCE NO. 2224 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING SECTION 11.04.390 OF THE MUNICIPAL CODE, CONCERNING TRAINS BLOCK- ING TRAFFIC. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 11.04.390 of Chapter 11.04 of Title 11 of the Municipal Code of the City of Bakersfield is hereby repealed. .......... o0o .......... I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 28th day of April, 1975, by the fol- lowing vote: CITY ~ERK and Ex O~Iczo Clerk of the Cduncil of the .~ity of Bakersfield APPROVED this 2:~pril, 1975 ~ity of Bakersfield APPROVED as to form: CITY ATTORNEY of the .~'ity of Bakersfield General Order No, 135 PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIF0~NIA REGULATIONS GOVERNING THE OCCUPANCY OF PUBLIC GRADE CROSSINGS BY RAILROADS. Adopted · Sap[ember 11, 1974 Effective November l, 1974 Decision No. 83446 in Case No. 8949. IT IS ORDERED by the Public Utilities Commission of the State of California that each railroad corporation operating in the State of California shall ob- serve the following regulations in conducting operations on and across public grade crossings: 1. TRAIN MOVEM~qTS -- Except as provided in Paragraph 5, a public grade crossing which is blocked by a stopped train, other than a passenger train, must be opened within 10 minutes, unless no vehicle or pedes- train is waiting at the crossing. Such a cleared crossing must be left open until it is kmown that the train is ready to depart. When recoupling such a train at the crossing~ movement must be made promptly, consistent with safety. SWITCHING MOVEMENTS -- Switching over public grade crossings should be avoided whenever reasonably possible. If not reasonably possible, such crossings must be cleared frequently to allow a vehicle or pedestrian to pass and must not be occupied continuously for longer than 10 minutes' unless no vehicle or pedestrian is waiting at th~ crossing. 3. GRADE CROSSING PROTECTION CIRCUITS -- Cars or locomotives mus~ not be left standing nor switches left open within the controlling circuits of automatic gate protection devices unless time-out features are provided to allow the gate arms to rise. 4. There are no time restrictions for crossing occupancy for a moving train continuing in the same direction. o These time limit provisions shall not apply to any blocking resulting from compliance with Stat~ and Federal laws and regulations, terraim and physical conditions, advmrse weather conditions, conditions rendering the roadbed or track structure unsafe, mechanical failures, train accidents, or other occurencee over which the railroad has no control, except that such crossing shall be clearer with.reasonable dispatch. In the event of any uncontrolled blockage involving more than one grade crossing and a peace officer is on the scene, primary consideration shall be given to the clearing of that crossing which, in the peace officers'Judgement,'will result in the minimum delay to 'vehicular traffic. A crew member of a train blocking a public crossing shall immediately take all reasonable steps, consistent with the safe operation of such train, to clear the crossing upon receiving information from a peace officer, member of any fire department, as defined in Section 2801 -1- 10. of the Vehic Code, or operator of an emergr ¥ vehicle,-as defined in Section lo~ of the Vehicle Code~ that emerscncy circumstances require the clearing of the crossing. Any agreement between a railroad and a public agency in effect on the effective date hereof or, in accordance with Attachment A~ subsequently approved by this Commission permitting certain crossings to be blocked for a time period other than specified herein shall prevail. Any railroad or publib agency]" may, by formal application to this Commission, request a variaace from the regulations prescribed herein or have different regulations provided in.connection with operations over a specific crossing where local conditions so require. The contents of the application shall'be in accord with Rule 15 of the Commission's Rules of Practice and Procedure. The application shall detail any previous steps that may have been taken in an attempt to reach a~ agreement on the proposed variance and shall list any public agenci~ within the geographic area or any railroads that might he affectf~y?the variance. A copy of the application shall be mailed to all su.~public agencies and railroads and a certificate of service regarding such mailings shall accompany the application filed with the Commission. The district attorney of the proper county or the city attorney designated to prosecute misdemeanors in his stead shall prosecute noncompliance with this General Order by means of a misdemeanor complaint issued against the railroad corporation in accordance with Chapter 11, Part 1, Divisiom 1 of the Public Utilities Code. This order shall become effective Approved and dated st San Francisco November 1, 1974 , California, this 11th day of September PUBLIC UTILITIES COMMISSION OF T~E STATE OF CALIFORNIA By WILLIAM R. JOHNSON, Secretary Public Agency - The term "public agency" as used herein shall include the State, a county, an incorporated city or town, or any authorized agencies thereof. - 2 - Affi av of os ng r maa es STATE OF CALIFORNIA, } County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk o£ the City of Bakersfield; and that on .................................~P.V ~_]~_...~.9.. .................................................................., 19....~..~. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ......... .-~.E..J~.~..-~..~. ...............................................19..~..., which ordinance was numbered ........ 2~.~4. ............New Series, and entified: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING SECTION 11.04.390 of THE MUNICIPAL CODE, CONCERNING TRAINS BLOCKING TRAFFIC. Cqty C~)~ ~k. Subscribed and sworn to before me this 29.~ ... day of ....... ~l~r.~.~