(a) In general. A railroad company that has not obtained verification of its track class under Article V of this chapter commits an offense if it operates a train on:
(1) a main line track at a speed greater than 25 miles per hour;
(2) a spur or switch track crossing a public street within the city at a speed greater than 10 miles per hour if the crossing is not protected by automatic gates; or
(3) a spur or switch track crossing a public street within the city at a speed greater than 25 miles per hour if the crossing is protected by automatic gates or is grade separated.
(b) Track crossings not protected by automatic gates - when visibility is impaired.
(1) Director’s recommendation.
(A) If the director determines that traffic visibility is inadequate from any public street crossed by a track not protected by automatic gates, the director shall recommend to the city council a speed limit less than 25 miles per hour for trains using that track crossing.
(B) The director’s speed limit recommendation to the city council shall include a recommended distance from the track crossing within which the railroad company shall observe the lower speed limit.
(C) The director shall notify the railroad company of his recommendation at least 30 days before council action. The director’s notification shall be in writing and sent by certified mail, return receipt requested.
(2) Public hearing.
(A) If the city council determines that the proposed speed limit reduction does not warrant a public hearing, the city council may approve the speed limit by a majority vote.
(B) If the city council determines that the proposed speed limit reduction requires a public hearing, the director shall send written notice of a public hearing on the proposed speed limit reduction to all railroad companies owning or operating trains on the track crossing under consideration and to all owners of real property lying within 200 feet of the track crossing under consideration. The measurement of 200 feet includes streets and alleys.
(C) The written notice must be given not less than 10 days before the date set for the hearing by depositing the notice in the United States mail, properly addressed to:
(i) the railroad companies as evidenced by the director’s list of designated local railroad company officials; and
(ii) the property owners as evidenced by the last approved city tax roll.
(D) After a public hearing, the city council may approve the speed limit reduction by a majority vote.
(3) Notification of railroad company. Within five days of council action, the director shall notify the railroad company of the speed limit authorized for that railroad company’s track crossing. The director’s notification shall be in writing and sent by certified mail, return receipt requested. (Ord. 18100)