SEC. 39-27. WITH VERIFICATION.

   (a)   In general. If a railroad company has obtained verification of its track class under Article V of this chapter, the railroad company shall not operate a train on a track at a speed greater than the speed applicable to that specific track class as described in Subsection (b) of this section.

   (b)   Criteria and corresponding train speeds.

      (1)   Definitions. In this section:

         (A)   INTERIM SPEEDS means those speed limits in effect for 90 days after authorization of a permanent speed limit. See Section 39-25.

         (B)   MAXIMUM SPEEDS means those speed limits set forth in this subsection, except as provided by FRA regulations. See Section 39-16; see Title 49, Code of Federal Regulations, Part 213 (1982), Sections 213.9(b) and (c), 213.57(b), 213.59(a), 213.105, 213.113(a) and (b), and 213.137(b) and (c).

         (C)   NOISE LEVEL means the average sound pressure level measured in accordance with the requirements of Part 201, Subchapter G, Chapter 1, Title 40, Code of Federal Regulations, providing noise emission standards for transportation equipment.

         (D)   SPECIAL CLASS TRACK is defined in Section 39-20(a).

      (2)   Schedule of criteria and corresponding train speeds.

TRACK CLASS	ROAD CROSSING PROTECTION	RIGHT- OF-WAY FENCING	NOISE LEVEL	TRAIN SPEEDS (MILES PER HOUR)
				HAZARDOUS MATERIALS	FREIGHT		PASSENGER
					INTERIM	MAXIMUM	INTERIM	MAXIMUM
F.R.A. CLASS 1	Signing and striping according to state law	None	90 dbA	See Section 39-6(a)(1)	10	10	15	15
F.R.A. CLASS 2	Flashing lights	None	90 dbA	10	25	25	25	25
F.R.A. CLASS 3	Gates or grade separation	NOTE 1	90 dbA	25	30	40	40	50
F.R.A. CLASS 4	Gates	NOTE 1	90 dbA	40	35	50	40	60
	Grade separation				40	60	50	80
F.R.A. CLASS 5	Gates	NOTE 2	90 dbA	50	40	60	50	70
	Grade separation				50	80	60	90
F.R.A. CLASS 6	Gates	NOTE 2	90 dbA	60	50	80	60	90
	Grade separation				70	110	80	110
Special Class	Grade separation	NOTE 2	90 dbA	80	No Limit	No Limit	No Limit	No Limit
Note 1 - At least 4 foot fencing within 200 feet of existing residential development, parks, schools, churches or other high pedestrian traffic locations as ordered by the director, except where natural terrain features provide an equivalent barrier. Note 2 - At least 6 foot fencing providing protection against access by the public to the right-of-way at all locations

 

   (c)   FRA class 1 and class 2 track crossings - 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 FRA class 1 or class 2 track, the director may recommend to the city council a speed limit lower than the speed limit applicable to that specific track class provided in Section 39-27(b).

         (B)   The director’s speed limit recommendation 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)