Vernon Municipal Code Ch. 12.20 Train Operations

A. No person shall operate or cause to be operated any locomotive or train consisting of a locomotive and one or more railroad cars on, along, upon, over or across any public street or highway within the City at a speed exceeding 20 miles per hour.

B. Nothing in this section shall apply to a locomotive or train consisting of a locomotive and one or more railroad cars operated upon a right-of-way privately owned and maintained for railroad purposes by any railroad company operating within the City; provided, that no locomotive and no train consisting of a locomotive and one or more railroad cars shall be operated or caused to be operated over or across public street crossings or highway crossings within the City limits of the City at a speed exceeding 20 miles per hour.

(Prior code § 22.5)

Spur tracks which may be laid and operated under any franchise granted by the City shall be used for the transportation of freight only and not as any part of a main line, and shall be used solely for the purpose of receipt and delivery of freight to and from warehouses, manufacturers and other business industries and enterprises in the City connected with the spur track. For purposes of this chapter, spur track includes a drill track to which various spur tracks may be connected.

(Prior code § 22.10)

The spur track and appurtenances thereto which may be laid under the privilege granted by this chapter shall be constructed of first-class materials, with girder rails, Section RE 7-A original, weighing not less than 128 pounds per yard, and shall correspond to the official grade of the street across or along which it may be placed, as established by the City. The top of the rails shall be flush with the surrounding surface of the street. All portions of the street occupied by the spur track, including the areas within two feet outside each rail thereof, shall be paved under the instructions of, and to the satisfaction of, the City Engineer, and shall include any changes in or remodeling of the pavement in the vicinity of the spur track necessitated by the construction of the track. To the extent possible, any new or reconstructed crossings shall utilize prefabricated concrete panels consistent with the foregoing requirements.

(Prior code § 22.11)

The rights, privileges and permission granted by this chapter shall be exercised and enjoyed subject to the following conditions:

A. Cars Standing on Streets. No cars or locomotives shall be permitted at any time to stand upon the street or streets occupied by a spur track except during the time actually employed in switching. The spur track shall at all times be used so as not to obstruct the use of any street by vehicles or pedestrians more than is necessary, consistent with the uses for which the spur track is to be constructed.

B. Flumes, Culverts and Storm Drains. The grantee, its successors and assigns shall construct and maintain all flumes and culverts for passage of storm waters under the spur track whenever or wherever directed to do so by the City Council. The construction shall be in accordance with plans and specifications therefor approved by the City Engineer.

Whenever a public storm drain will have been constructed in the immediate vicinity of the spur track, the grantee shall, if so directed by the City Engineer, remove any or all flumes and culverts theretofore constructed and replace same with standard catch basins connecting with the storm drain. The replacement shall be in accordance with plans and specifications therefor approved by the City Engineer.

C. Street Grade and Paving. The grantee, its successors and assigns, shall at all times maintain the spur track at the level of the official grade and to the full width of the street, as now established or as may hereafter be established by the City. The grantee shall repair, pave or repave that portion of the street occupied by the spur track, including the area between the rails and within two feet outside each rail thereof, under the instruction of and to the satisfaction of, the City Engineer.

D. Repairs. The grantee, its successors and assigns, shall at its own cost and expense, repair, maintain, safeguard and support the spur track across or along the trench or other excavation in the street, during construction or reconstruction of subsurface structures of any kind or description, the installation of which is being done under authority of the City.

E. Warning Devices. The grantee, its successors and assigns, shall at its own cost and expense, install, construct, maintain and operate all warning signs, bells, lights, traffic signals, electric track circuits or any other safety devices and appurtenances for the protection or convenience of vehicles and pedestrians in the street, which, at any time, by reason of the exercise of the rights and privileges granted, may be ordered installed by any public body having the authority to order such installation, construction, maintenance and operation.

F. Termination of Franchise. Any neglect, failure or refusal on the part of the grantee, its successors and assigns, to observe or comply with any of the terms or conditions contained in this chapter shall constitute a breach of the right, privilege and permission granted by any franchise ordinance. The City Council after notice and public hearing may thereupon declare such rights and privileges terminated, and may exclude grantee, its successors and assigns from any further use of the street occupied by the spur track, and the grant made shall thereupon become and remain null, void and of no effect.

G. Removal of Track. Upon such termination of the rights and privileges granted as provided in subsection F or upon the abandonment of the use of the spur track constructed under any franchise for any reason whatsoever, the grantee, its successors and assigns shall, at its own cost and expense, when so ordered by the City Engineer, entirely remove the spur track and appurtenances and shall restore the street paving, together with all reconstruction required to bring the street surface in the immediate vicinity to official grade with materials of the same quality and thickness then existing in the street. All of the restoration work shall be done under the direction of, and to the satisfaction of, the City Engineer.

(Prior code § 22.12)

The City, in granting the right, privileges and permission contained in any franchise, expressly reserves the right to grade, pave, macadamize or regrade, replace and remacadamize the street along and across which the spur track is to be constructed and to construct and reconstruct subsurface structures of any and all kind under the spur track.

(Prior code § 22.13)

The spur track shall be operated and maintained subject to such other regulations and conditions as may be prescribed from time to time by the City Council.

(Prior code § 22.14)