(a) Enforcement authority. The provisions of this chapter shall be administered and enforced by the director. For this purpose, the director shall have police power necessary to secure compliance with the provisions of this chapter.
(b) Designation of local railroad company official. Each railroad company shall designate a local official who is an employee of the railroad company to be available for notification by the director. This designation shall be in writing to the director and shall include the information necessary to enable the director to contact the designated official in emergencies. The designated official shall be available at all times.
(c) Notification of violations by the director. The director shall notify, in writing, the FRA and the responsible railroad company of any violation of the provisions of this chapter. This written notification shall list all particulars of the alleged violation with sufficient detail to enable the United States Attorney General to seek prosecution under federal regulations.
(d) Penalty for violation. Upon conviction, a person who violates a provision of this chapter is punishable by a fine not to exceed $500. A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted.
(e) Repeat violations. Whenever three or more violations are committed in any calendar year by the same railroad company, the director shall notify, in writing, the chairman of the committee and the responsible railroad company.
(f) Exception. This chapter does not apply to a public transportation authority chartered by the state or to any railroad tracks owned or operated by a public transportation authority chartered by the state. (Ord. Nos. 18100; 19963)
(a) Creation of the railroad subcommittee. The chair of the committee is authorized to form a railroad subcommittee to provide better communication between the railroad companies and the city. If formed, the committee chair is authorized to appoint a representative from each railroad company and from the police department, fire-rescue department, and department of transportation of the city to serve as ex officio members of the subcommittee.
(b) Powers and duties of the subcommittee. The subcommittee has the following powers and duties:
(1) To review railroad operations for public safety.
(a) Reports to the director. Beginning January 1984, each railroad company shall furnish to the director complete operating and engineering data as specified by the director, including, but not limited to, the following information:
(1) main lines in operation;
(2) spurs being served;
(3) a copy of the latest FRA inspection report for each main line;
(4) a copy of the latest United States Department of Transportation’s AAR crossing inventory form for each grade crossing;
(5) an outline of any major maintenance or rehabilitation projects undertaken;
(6) the number of through trains each day of the week and their average speed and length for each main line;
(7) the number of switch moves each day of the week and their average speed and length for each main line and each spur line;
(8) the approximate time of day reference for each train;
(9) hazardous materials movements and procedures;
(10) new crossing protection or grade separations.
(b) Supplemental reports. Every January and July after the filing of its initial report, each railroad company shall furnish to the director changes in any data required to be furnished in the initial report under Subsection (a).
(c) Accident reports. Each railroad company shall furnish to the director a copy of the FRA accident report within 72 hours of any accident involving track conditions, hazardous materials, or a motor vehicle collision with a train.
(d) Slow orders. Each railroad company shall notify the director within 48 hours of the imposition of any slow orders issued by the FRA if the slow orders are related to track or structure conditions.
(e) Requests for city action.
(1) A railroad company may request the director to bring proposed revisions to this chapter before the city council. These requests may include the following topics:
(A) rail operations;
(B) closure of hazardous or little-used grade crossings;
(C) speed limits; or
(D) any other matter requiring city action for the railroad company to conduct its business.
(2) The director shall forward all requests to the committee for review and recommendation. The director shall forward requests to the city council within 90 days of receipt, whether or not the committee has acted on the request. (Ord. 18100)