HomeMy WebLinkAboutAGENDA REPORT 1985 0603 CC REG ITEM 10AM_OORPARn
ALBERT PRIETO
Mayor
JAMES D. WEAK
Mayor Pro Tern
THOMAS C. FERGUSON
Gouncilmem6er
O
DANNY A. WOOLARD
Councilmemiser
LETA YANCY SUTTON
Counciimember
DORIS D. BANKUS
City Clerk
JOHN C. GEONEY
City Treasurer
DATE: May 29, 1985
TO: Honorable City Council
FROM: Arve Wells, Lieutenant
SUBJKT: Train Blocking Crossings Ordinance
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
NIALL FRITZ
Director of
Community
Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
Since the Council meeting of May 6, 1985, I have had the opportunity
to review and research existing ordinances and regulations pertaining to
trains blocking crossings.
The Public Utilities Commission enacted regulation #135 to deal with
this issue. Because it has stateside impact it basically preepts local
ordinances relative to the same subject. Predicated on this and the fact
that the District Attorney has agreed to prosecute violations of this ser
tion, I would recamtend that the existing City ordinances be repealed.
We have had the opportunity to take enforcement action against South
ern Pacific Railroad two times for violations of the existing ten minute
time limit. The first of these actions was filed utilizing the City ordin-
ance, the second was filed using P.U.C. regulation #135.
In light of prosecution problems encountered with the City ordinance,
the City Attorney has dismissed that Case.
This violation will be refiled utilizing P.U.C. order #135.
If it is the Councils desire to decrease the minimum time that a bross-
ing can be blocked from the present ten-minute limit, then a petition would
have to be filed with the P.U.C. addressing this issue.
In the meantime we will continue to enforce the ten minute crossing
limitation as set forth by the Public Utilities Commission.
Recommendation - Repeal existing City ordinances pertaining to trains
blocking crossings.
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