Chapter 8.70
RAILROAD TRACK GRINDING REGULATIONS

Sections:

8.70.010    Title.

8.70.020    Definitions.

8.70.030    Purpose.

8.70.040    Authority and administration.

8.70.050    Applicability.

8.70.060    Regulations for track grinding.

8.70.070    Severability.

8.70.080    Liability for damages.

8.70.090    Penalty.

8.70.010 Title.

This chapter shall be known and may be cited as the Skamania County Code Chapter 8.70, Railroad Track Grinding Regulations. (Ord. 2008-09 (part))

8.70.020 Definitions.

As used in this chapter:

“Entity” means the corporation, owner, person, or others performing or contracting for railroad track grinding activities. (Ord. 2008-09 (part))

8.70.030 Purpose.

This chapter is intended to provide regulations for railroad track grinding activities within the unincorporated area of Skamania County. (Ord. 2008-09 (part))

8.70.040 Authority and administration.

The Skamania County fire marshal shall administer, interpret, and enforce this chapter. The fire marshal shall have the authority to take such actions as may be required to enforce the provisions of this chapter. (Ord. 2008-09 (part))

8.70.050 Applicability.

No entity shall perform or allow to be performed any railroad track grinding activity without following the provisions of this chapter. (Ord. 2008-09 (part))

8.70.060 Regulations for track grinding.

A. The entity shall provide the county fire marshal’s office with an annual railroad track grinding schedule prior to the commencement of any track grinding activities in a calendar year.

B. The entity shall contact the Skamania County dispatch at the Skamania County sheriff’s office at least seventy-two hours before grinding operations begin in the county.

C. Prior to the commencement of track grinding operations, the entity shall provide the county fire marshal’s office with a contact list of contractor and local entity personnel involved with the grinding operations. The list shall include appropriate communication contract information for the contractor and entity personnel listed to allow for immediate communication.

D. The entity shall contact Skamania County dispatch at the Skamania County sheriff’s office at the start and end of each grinding operation shift and provide the following information:

1. Location of grinding as referenced to State Road 14

2. Time of start and finish of grinding operations.

E. At the request of the county fire marshal, the entity shall allow appropriate personnel, with appropriate training, appointed by the county fire marshal to accompany the grinding operations.

F. The entity will provide two high rail inspections following the conclusion of each operational shift of the grinding operations, the first to occur within three hours and the second to occur within twelve hours. (Ord. 2008-09 (part))

8.70.070 Severability.

If any section, subsection, chapter or other portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, chapter or portion thereof shall be deemed a separate provision of this chapter and such holding shall not affect the validity of the remaining portions of this chapter. Where conflicts exist between standards, the more restrictive shall apply. (Ord. 2008-09 (part))

8.70.080 Liability for damages.

This chapter shall not be construed to hold Skamania County, its officers, employees or agents responsible for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of Skamania County, its officers, employees or agents. (Ord. 2008-09 (part))

8.70.090 Penalty.

It shall be a civil infraction for any violation of this chapter, punishable by a fine of up to one thousand dollars per violation. Any violation which occurs over a period in excess of twenty-four hours shall be considered as two separate and distinct violations for purposes of enforcing the fines hereunder. The Skamania County district court shall have jurisdiction to review and enforce any fine hereunder. (Ord. 2008-09 (part))