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the Municipal Code of the City of Bakersfield is hereby repealed.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.~.~