HomeMy WebLinkAboutORD-32-80 PROHIBIT THE OBSTRUCTION OF A RAILROAD CROSSING BY A TRAIN FOR MORE THAN TEN MINUTESllWIGE CITY NEWS: Please publish WEDNESDAY'. April 30, 1980 only and send PROOF
Ill'ld PROOF OF PUBLICATION to City Clerk, P.O. Box 449, Orange, California 92666.
MARILYN J. JENSEN. CITY CLEllK
ORDINANCE NO. 32-
80 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 10.
72,SECTIONS 10.72.010 THROUGH 10.72.
030,TO THE ORANGE MUNICIPAL COnE TO
PROHIBIT THE OBSTRUCTION OF A RAILROAD
CROSSING BY A TRAIN FOR MORE THAN TEN
MINUTES.WHEREAS, the City Council of the City of Orange
finds that trains have blocked railroad crossings for periods
of time in excess of ten minutes;
and .WHEREAS, the City Council of the City of Orange
finds that there have been severe traffic problems caused by t.
rains blocking railroad crossings for periods of time in excess
of ten minutes;
and WHEREAS, California Public Utilities Code
Section 7659 states: "Notwithstanding any city or county or city
and county ordinance to the contrary, no railroad conductor
or engineer, who, while operating a train, obstructs a
railroad crossing, shall be subject to any criminal penalty, where
he has no control over the situation causing the obstruction,
or where the train cannot be moved without endangering the
safety of the passengers or freight";
and WHEREAS, the City Council of the City of Orange
desires to provide for the safe and expeditious movement of
traffic ithin the City of
Orange.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:Sl'.CTION
I:That Chapter 10.72, sections 10.72.010 through 10.72.
030,is hereby added to the Orange Municipal Code to read as
follows:Chapter 10.
72 OBSTRUCTION OF RAILROAD
CROSSING
Sections:10.72.
010 10.72.
020 10.72.
030 Obstruction of railroad
crossing.
Exceptions.violation - Infraction
10.72.010 Obst.ruction of railroad crossin. It is. unlawful
and an ~n ract~on or the railroad con uctor or the engineer of
ny railroad train to direct the operation or to operat~ the same
ln such a manner or to permit the same to remain standing as
to prevent the \l~e of any streets within the c;ity for purpose of
travel for a period of time longer than ten m1nutes.
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10.72.020 Exceptions. The provisions of this Chapter shall
not be applicable under the fOllowing circumstances:
A. When the train is in motion.
B. When the railroad conductor has no control over the
situation causing the obstruction.
C. When the train cannot be moved without endangering
the safety of the passengers or freight.
10.72.030 Violation - Infraction. Any person violating any of
the provisions of this Chapter shall be guilty of an infraction and,
upon conviction thereof, shall be sUbject to (1) a fine of fifty
dollars ($50) for a first violation; (2) a fine of one hundred dollars ($
100) for a second violation of this ordinance within one year; (
3) a fine of two hundred fifty dollars ($250) for each additional
violation of this ordinance within one year.Section
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If
any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of
the ordinance. The City Council hereby declares that it would have
passed this ordinance and each section, subsection, sentence,clause
and phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.Section
III:This
ordinance shall be published once within fifteen (15) days after
its passage in the Orange City News, a newspaper of general circulation,
published and circulated in the city of Orange, and shall
take effect thirty (30) days from and after the date of its final
passage.ADOPTED
this .22wi. day of Aoril 1980.ayor
of the City of Orange ATTEST:
7J?",~~ ~;-
n/City
Cler of tli C of orange 2-
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
ss
I, MARILYN J. JENSEN, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinsnce was introduced at a
regular meeting of the City Council held on the 15th day of Aoril
1980, and thereafter at a regular meeting of said City Council duly held
on the ??nil day of Apri' 1980, was duly passed and adopted by the
following vote, to wit:
AYES: COUNCILMEN: BARRERA, SMITH, MAYOR BEAM, BEYER.
NOES: COUNCILMEN: NONE.
ABSENT: COUNCILMEN: PEREZ.
WITNESS my hand and seal this 23rd day of April 1980.
c9~
Marilyn J. Jensen
City Clerk of the City of Orange
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