Beaumont Municipal Code Ch. 13.22 Regulation of City-Owned Railroad Track

For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:

"City track" means and includes the following portions of City-owned railroad track located at or near Milepost 562.6, Yuma Subdivision of the Union Pacific Railroad Company ("UPRC"), as more particularly described in that certain "Industry Track Contract" dated June 25, 2001, between the City and the UPRC, as it presently exists and may hereafter be amended.

"City track use permit" means and includes a permit issued by the City to a person or business authorizing such person or business to use the City track for the loading and unloading of goods.

(Ord. No. 870, § 1, 10-5-04)

Any business, business owner or other person desiring to use the City track shall first apply for and obtain a City track use permit.

(Ord. No. 870, § 1, 10-5-04)

Any business, business owner or other person desiring to use the City track shall make application therefor and pay the prescribed application fee to the Planning Director. The application shall set forth the following:

1. The name, business address and telephone number(s) of the applicant;

2. A description of the activities which the applicant proposes to conduct on and about the City track, including a description of the vehicle(s) which the applicant proposes to use to load and unload railroad cars;

3. The number of times per day, week, month or year, whichever is appropriate or applicable, that the applicant intends to use the City track;

4. Proof of insurance, including general liability insurance, automobile insurance and workers compensation insurance; and

5. Such additional information as the Planning Director may require.

(Ord. No. 870, § 1, 10-5-04)

Each and every City track permittee shall pay the following fees annually:

A. Annual Regulatory Fee: This fee shall be levied and collected for the purpose of defraying the cost of the administration of City track permits, and the inspection and monitoring of City track usage.

B. Annual Use Fee: This fee shall be levied and collected at least annually and shall be based upon the number of railroad cars utilizing the City track. Proceeds from the fee shall be used for the operation, maintenance and replacement of the City track.

C. Fee Schedule: The City Council shall adopt, from time-to-time, a resolution establishing a fee schedule for the application fee, the annual regulatory fee, and the annual use fee.

(Ord. No. 870, § 1, 10-5-04)

A. No person shall utilize the City track for loading or unloading purposes without first obtaining from the Planning Director a permit therefor.

B. No person shall allow any materials, commodities, bulk materials or other substance, whether liquid or solid, to be deposited on the ground in or around the City track. In the event of a spill or other deposit, the permittee shall take all steps necessary to immediately clean up such spill or deposit, and shall call the City Building Department for an inspection.

C. No person shall utilize the City track in a manner that will damage the City track or any appurtenant or adjacent facilities including, without limitation, docks, ramps and adjacent surfaces.

D. No permittee shall use the City track in violation of this Chapter or the provisions, terms and conditions of any City track permit issued hereunder.

(Ord. No. 870, § 1, 10-5-04)

Any individual violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted. Any individual convicted of a violation of this Chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation of the same Chapter provision and perpetrated by the same individual. The third and any additional violations on the same Chapter and perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.

(Ord. No. 870, § 1, 10-5-04)