Chapter 10.34

PEDESTRIANS ON OR ABOUT RAILROAD RIGHT-OF-WAY

• A. The City Council does find and declare that the safety of adults and children in the community is imperiled by the presence of railroad rights-of-way in extremely close proximity to homes and schools. In particular, said railroad rights-of-way form both barriers to and channels of the pedestrian travel of children between school and home. Children and adults both cross railroad tracks at places other than approved and designated railroad crossings, and walk on, along, and parallel to the railroad tracks in railroad rightsof-way.

• B. This pedestrian conduct presents a unique community safety problem that is not and cannot be adequately addressed by state law. It is the City Council's intent to supplement the California "Rail Traffic Safety Act" (Penal Code Sections 369a, 369b, and 369i) which, the City Council finds, does not so fully occupy the field of pedestrian regulation as to preempt local legislation in the interest of addressing local pedestrian safety problems.

• (Ord. 555-00 § 1, 2000)

It is unlawful for any person to enter upon, walk upon, or remain upon railroad rights-of-way without the express permission of the railroad owning the right-of-way. (Ord. 555-00 § 1, 2000)

• A. In lieu of issuing a misdemeanor citation, proceeding under Welfare and Institutions Code Section 602, or proceeding with any other legal remedy which may be pursued by City law enforcement personnel, such law enforcement personnel may at their sole discretion issue to any person an administrative citation for violation of Section 10.34.020 Union City Municipal Code.

• B. Pursuant to California Government Code Section 53069.4 the City Council makes the violation of this ordinance, codified as Chapter 10.34 of the Union City Municipal Code subject to an administrative penalty. The administrative procedures that shall govern the imposition, enforcement, collection, and administrative review of these administrative penalties are set forth in Sections 10.34.030 through 10.34.140.

• (Ord. 555-00 § 1, 2000)

For purpose of this chapter, "Enforcement Officer" shall mean any City employee or agent of the City with the authority to enforce any provision on this chapter. (Ord. 555-00 § 1, 2000)

Each administrative citation for violation of this chapter shall contain the following information:

• A. The date of the violation;

• B. The address or a definite description of the location where the violation occurred;

• C. The section of this Code violated and a description of the violation;

• D. The penalty to be imposed for the code violations if applicable;

• E. A description of the penalty process, including a description of the time within which and the place to which the violator must report in order to proceed in the railroad safety education program;

• F. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

• G. The name and signature of the citing enforcement officer. (Ord. 555-00 § 1, 2000)

• A. The penalty for a violation of this chapter shall be the required attendance of the violator at a railroad safety class conducted by the Union Pacific Railway Police, or its successor. The railway safety class shall be no more than two hours in duration.

• B. The penalty for a second violation of this chapter shall be the required attendance of the violator at the railroad safety class, plus and in addition thereto the participation of the violator in a reasonable amount of volunteer community service.

• C. In the event of a third or subsequent offense, the required attendance of the violator at a railway safety class may be combined with an appropriate misdemeanor citation issued pursuant to the Penal Code.

• (Ord. 555-00 § 1, 2000)

The violator shall contact the Union City Police Department to make arrangements for railway safety class attendance within thirty days from the date of the administrative citation. Actual attendance shall be within days from the date of the administrative citation. (Ord. 555-00 § 1, 2000)

• A. Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for hearing form and returning it to the City Clerk within thirty days from the date of the administrative citation.

• B. A request for hearing form may be obtained from the office of the City Clerk.

• C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

• (Ord. 555-00 § 1, 2000)

At any time before the hearing, if the Enforcement Officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the Enforcement Officer shall dismiss the administrative citation and cancel the hearing. (Ord. 555-00 § 1, 2000)

The City Manager shall designate the Hearing Officer for the administrative citation hearing. (Ord. 555-00 § 1, 2000)

• A. A hearing before the Hearing Officer shall be set for a date that is not less than fifteen days and not more than forty-five days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

• B. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

• C. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute an admission of the violation and a failure to exhaust administrative remedies.

• D. The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

• (Ord. 555-00 § 1, 2000)

• A. After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final.

• B. The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision.

• (Ord. 555-00 § 1, 2000)

Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court (limited jurisdiction civil) in Alameda County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. (Ord. 555-00 § 1, 2000)

• A. The administrative citation and all notices required to be given by this chapter shall be served either by personal delivery thereof to the person to be notified or by deposit in the

United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at the person's last known business address as the same appears in the public records or other records pertaining to the matter to which such notice is directed.

B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Ord. 555-00 § 1, 2000)