A. It shall be unlawful for the operator of any train to block any street intersection within the corporate boundaries of the City, at any time, for more than ten (10) minutes; provided, that this shall not apply to cars in motion, other than those engaged in switching, or if the train is stopped for an emergency condition, including an accident, derailment, critical mechanical failure, track or bridge washout, storm, flood or other emergency situation.
B. A one-time exception of up to, but not exceeding, ten (10) additional minutes shall be authorized under the following conditions:
1. When a train and its crew, operating under the rules of the Federal Railroad Administration (FRA), are unable to complete a switching maneuver while setting out or picking up railcars within the ten (10) minutes as set forth in subsection A.;
2. When a train is stopped to allow the passage of a second train and the stopped train has exhausted the ten (10) minutes as set forth in subsection A., or if the arrival of the second train is imminent and separation and coupling of the stopped train would result in further unnecessary blocking of motor vehicle or pedestrian traffic; and
3. When a train is stopped for a red train signal.
C. Additionally, when a train is cut or separated to prevent blocking of motor vehicle traffic at a public crossing, and a working charging station exists, the time required for recoupling a train and performing air tests as required by the FRA shall not be considered a violation of this section.
D. Every railroad shall be operated in such a manner as to minimize obstruction of emergency vehicles at public highway grade crossings.
E. Any person or corporation that violates a provision of this section shall be subject to a fine of up to one thousand dollars ($1,000.00) for each violation. Seventy five percent (75%) of the collected fine shall be deposited to the credit of the general fund of the City of Waurika and the remaining twenty five percent (25%) shall be credited to the Corporation Commission Revolving Fund. A copy of the citation, along with any information regarding train identification, shall be sent to the Corporation Commission for enforcement of the penalty at a hearing before an administrative law judge of the Commission. (amd. Ord. 02102020-01, 2-10-2020)