Citrus Heights Municipal Code Div. 2 Rail Transportation

The city council finds that the stopping and layover of rail cars containing explosives, as defined in section 38-138, in rail yards and along rail routes adjacent to or in close proximity to populated areas of the city constitute an essentially local safety hazard and that, in the interest of providing for the health and safety of the population of the city and for the purpose of protecting the population from the danger and devastation of explosions, this article is enacted.

(Ord. No. 97-01, § 2(9.74.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It is the intention of the city council that this article shall supplement federal and state law and shall be interpreted in a manner uniformly consistent with the laws and regulations of the United States and the state, so far as possible, to avoid an undue burden on commerce.

(Ord. No. 97-01, § 2(9.74.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Explosive means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion and which is capable of a relatively instantaneous or rapid release of gas and heat. The term "explosive" includes but shall not necessarily be limited to any of the following:

(1) Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, black powder, smokeless powder, propellant explosives, detonating primers, blasting caps, commercial boosters, or nitrocarbonitrates (oxidizing materials) when transported in a combined load with any explosive.

(2) Substances determined to be class A or class B explosives as classified by the United States Department of Transportation.

(3) Any material or combination of materials, including atomic waste materials that spontaneously emit ionizing radiation.

The term "explosive" shall not be deemed to include small arms ammunition of 0.75 caliber or less, any other class C explosives as classified by the United States Department of Transportation, or special fireworks classified by the United States Department of Transportation as class B explosives.

Person means a railroad engineer, conductor, yardmaster, train master, dispatcher, brakeman, terminal superintendent or any employee or other individual employed by or otherwise representing a rail carrier.

Rail carrier means every rail corporation, freight line, freight forwarder, dispatcher, car loaning or car renting company, railroad, or other company transporting explosives by train.

(Ord. No. 97-01, § 2(9.74.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference— Definitions generally, § 1-2.

Every person having control of the movement, stopping or parking of a railroad train which is transporting explosives within the city shall operate the train in compliance with this article unless federal or state laws and regulations impose a greater affirmative obligation or a greater restraint or unless compliance with this article would prevent full compliance with federal or state laws or regulations by persons subject thereto.

(Ord. No. 97-01, § 2(9.74.040), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

No person having control over the movement, stopping or parking of a railroad train, which train includes any rail car containing explosives, shall knowingly cause the stopping or parking of such train or of such rail car, whether separated from or attached to a railroad locomotive or whether attached to or separated from other rail cars not containing explosives, within the city, except when such stopping or parking is at a distance of not less than 2,600 feet from any building, dwelling house, or other improvement upon real property except real property in lawful possession of any rail carrier, provided such property in possession of a rail carrier is not a passenger station or other improvement to which the public is generally admitted. This section does not apply to the stopping or parking of a rail car containing explosives when necessary to make emergency repairs to rail tracks or beds or to cars, engines, or other equipment used to transport explosives. This section does not apply to stopping or parking necessary for the loading or unloading of rail cars; for the changing of crews, the switching of cars or trains from one track to another, the substitution of locomotives, or inspection for safety purposes; nor when due to a wreck, derailment, flood, slide, or other act of God. All such stopping or parking must, however, be minimized by the prompt execution of such measures as are possible under the circumstances in order to remove all cars containing explosives to a distance of not less than 2,600 feet from improved real property. Fences, roads, bridges, power transmission lines, telephone poles, culverts, and signposts do not constitute improvements to real property for the purposes of this section.

(Ord. No. 97-01, § 2(9.74.050), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It is unlawful and constitutes a misdemeanor for any person to violate this article. Every person convicted of a misdemeanor for violation of any of the sections of this article shall be punished as provided in section 1-21. Any person arrested for violation of this article may be cited to appear in court by written notice prepared in the manner provided for in Penal Code § 853.6.

(Ord. No. 97-01, § 2(9.74.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)