Chapter 10.28
RAILROAD CROSSINGS AND RAILROAD OPERATIONS
Sections:
10.28.010 Railway crossing gates.
10.28.020 Trains not to block crossings.
10.28.040 Construction and interpretation of chapter.
10.28.050 Violation--Infraction.
10.28.010 Railway crossing gates.
No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while such barrier is closed, or is being opened or closed. (Ord. 99-03 §1(part), 1999).
10.28.020 Trains not to block crossings.
No person shall cause or permit any train, locomotive, railway car, similar vehicle on rails, or other vehicle using the railroad right-of-way, to stop, stand or to be operated in such a manner as to prevent the use of any street or roadway for the purposes of travel across the railroad crossing for a period of time longer than ten minutes. As used herein, the singular form of a word includes the plural, and the plural form includes the singular.
A notice of violation of this section may be delivered to the engineer, brakeman, conductor or other responsible employee of the person causing or permitting the violation. However, no violation of this section shall occur where the person operating the vehicle has no control over the situation causing the obstruction, or where in connection with an accident or other incident outside the scope of ordinary operations, the train, locomotive, railway car, or other vehicle cannot be moved without endangering the safety of the public, passengers or freight, or where it is necessary to stop at or near the scene of the accident or incident. (Ord. 99-03 §1(part), 1999).
10.28.030 Speed of trains.
It shall be unlawful for any person to operate any locomotive, train, railroad car or other vehicle on the rails or railroad right of way within the city limits at a speed in excess of forty-five miles per hour. This section shall be valid only after approval pursuant to California Public Utilities Code Section 7658. (Ord. 99-03 §1(part), 1999).
10.28.040 Construction and interpretation of chapter.
As used herein, the word "person" shall include a natural person, a legal person, a corporation, partnership, limited liability company, association, or other organization or entity. Each section, subsection, sentence, clause or phrase of this chapter shall be construed and interpreted to avoid conflict with or preemption by other laws or regulations. To the greatest extent possible, this chapter shall be construed to promote the safety and convenience of the public when using railroad grade crossings in the city of Kerman. (Ord. 99-03 §1(part), 1999).
10.28.050 Violation--Infraction.
Any person violating any of the provisions of this chapter shall be guilty of an infraction. Notwithstanding the provisions of Section 1.16.020 of this code, an infraction based upon a violation of the provisions of this chapter shall be punished by:
A. A fine in the amount of one hundred fifty dollars for a first violation; and
B. A fine in the amount of three hundred dollars for each additional violation within twelve months. (Ord. 99-03 §1(part), 1999).