(A) 
The regulations in this article have been established to promote the health, safety, and general welfare of the citizens of the City by providing for the reasonable and safe operation of all railroad traffic operating within the City.
(B) 
In this article, unless the context requires otherwise:
(1) 
AREA.
The American Railway Engineering Association.
(2) 
City.
The City of Garland.
(3) 
Department.
The Department of Transportation of the City.
(4) 
Director.
The Director of Transportation for the City.
(5) 
FRA.
The Federal Railroad Administration.
(6) 
Hazardous material.
“Hazardous material,” “hazardous substance,” or “hazardous waste,” as defined in section 171.8, part 171, subchapter c, chapter 1, subtitle B, title 49, Code of Federal Regulations.
(7) 
Local.
Residing or situated within the City.
(8) 
Loose material.
Dirt, sand, gravel, or other material that is capable of blowing or spilling from a railroad car as a result of movement or exposure to air, wind currents or weather.
(9) 
Main railroad line.
All railroad lines which primarily function to serve through train movements. Any other railroad line within the City is considered a switch or spur line.
(10) 
Person.
An individual, firm, partnership, association, corporation or other legal entity.
(11) 
Railroad company.
A person owning or operating trains on a railroad line within the City.
(12) 
Slow order.
A written or verbal instruction to a railroad company from the FRA, the City or the railroad company itself requiring the railroad company to reduce the speed of its trains on the portion of the track referred to in the order because of conditions adversely affecting the safe operation of railroad traffic on that track.
(13) 
Switch or spur railroad line.
Any railroad line within the City, no designated as a main railroad line.
(14) 
Train.
Any railroad engine, locomotive or diesel railroad cars and any type of railroad equipment operated on railroad tracks.
(15) 
Shiftable load material.
Brick, lumber, pipes, or other material capable of shifting within or falling from a railroad car as a result of the movement of the railroad car or the failure of load securing devices.
(A) 
In general, the speeds of trains operating within the City limits will be established using the type of track being used, main, switch, spur, existing crossing protection, motorist sight distance and track classification.
(B) 
A person commits an offense if he operates a railroad train in excess of the speed limit as specified in Table I.
TABLE I TRAIN SPEED LIMITS
Track Class
Roadway Crossing Protection
Minimum Vehicle Sight Distance
Maximum Speed
Switch track
None
>50 feet
10 mph
Spur track
Signs and striping
>75 feet
15 mph
Main line track
Signs and striping
>125 feet
20 mph
Main line track
Flashing lights
>200 feet
30 mph
Main line track
Flashing lights and gates
>250 feet
40 mph
Main line track
Flashing lights or flashing lights and gates
<250 feet
30 mph
(A) 
A person commits an offense if he operates a train within the City and fails to sound the train’s bell or audible warning device:
(1) 
Before starting the train; or
(2) 
Upon approaching any street crossing within the City.
(B) 
It is a defense to prosecution under subsection (A) of this section if the train’s movements are within railroad yards.
(C) 
A person commits an offense if he operates a train within the City and fails to sound the train’s whistle or horn at least 1,320 feet from any public street or highway before crossing the street or highway.
(A) 
Definition.
Running switch, in this section, means the method of changing railroad cars from one track to another track in the process of making or unmaking trains. This method involves bringing the railroad cars to a certain grade, detaching the cars from the railroad engine, and allowing the cars to run to other cars or places on a different track without the control of a brake, a brakeman, an engine, an engineer, or any other person. The term “running switch” is also referred to as “kicking cars.”
(B) 
Running switches.
A person commits an offense if he makes a “running switch” across or along any public street or highway within the City.
(C) 
It is a defense to prosecution under subsection (B) if:
(1) 
A flagman is present at each traffic approach; or
(2) 
Any crossing at which a “running switch” is made is equipped with automatic gates.
If a City street crossing has been obstructed by a train for more than five consecutive minutes, the railroad company owning or operating the train commits an offense if it allows its trains to again cross the City street within the next five consecutive minutes or before waiting traffic has cleared the crossing, whichever occurs first.
Every railroad company in the City shall place and keep that portion of its roadbed and right-of-way over or across which any public street of the City may run in a condition compatible to the approaching street. The physical condition of the crossing shall at all times be maintained in such a manner that vehicles traveling at the legal speed limit on the approaching street may safely cross the railroad. In case any railroad company fails to maintain any crossing in accord with this section for thirty (30) days after written notice by the director and given to the railroad, it shall be liable to a penalty prescribed in section
10.05 for each week that it fails or neglects to comply with the requirements of this section.
Any railroad crossing on collector or arterial streets within the City shall be constructed using rubberized or concrete crossing material as required by the Director of Engineering.
(A) 
Reports to the director.
Beginning January, 1990, each railroad company shall furnish to the director complete operating and engineering data as specified by the director, including, but not limited to, the following information:
(1) 
Main lines in operation;
(2) 
Spurs being served;
(3) 
A copy of the latest FRA inspection report for each main line;
(4) 
A copy of the latest United States Department of Transportation AAR crossing inventory form for each grade crossing;
(5) 
An outline of any major maintenance or rehabilitation projects undertaken or scheduled for the calendar year;
(6) 
The number of through trains each day of the week and their average speed and length for each main line;
(7) 
The number of switch moves each day of the week and their average speed and length for each main line and each spur line;
(8) 
The approximate time of day reference for each train;
(9) 
Hazardous materials movements and procedures;
(10) 
New crossing protection or grade separations.
(B) 
Supplemental reports.
Every January and July after the filing of its initial report, each railroad company shall furnish to the director changes in any data required to be furnished in the initial report under subsection (A).
(C) 
Accident reports.
Each railroad company shall furnish to the director a copy of the FRA accident report within 72 hours of any accident involving track conditions, hazardous materials, or a motor vehicle collision with a train.
(D) 
Slow orders.
Each railroad company shall notify the director within 48 hours of the imposition of any slow orders issued by the FRA if the slow orders are related to track or structure conditions.
(E) 
Requests for City action.
(1) 
A railroad company may request the director to bring proposed revisions to this article before the City Council. These requests may include the following topics:
(a) 
Rail operations;
(b) 
Closure of hazardous or little-used grade crossings;
(c) 
Speed limits; or
(d) 
Any other matter requiring City action for the railroad company to conduct its business.
(2) 
The director shall prepare a policy report and forward the policy report and railroad requests to the City Council within 90 days of receipt.
(A) 
It shall be the duty of every railroad company operating within the City to keep all rights-of-way in the City free and clear of grass and tall weeds in order to decrease the fire hazards and eliminate breeding places for rodents and insects.
(B) 
For purposes of this section, “tall weeds and grass” shall be any weeds or grass growing over twelve (12) inches in height up from the ground.
A person commits an offense if he jumps off or clings to a train while the train is in motion. It is a defense to prosecution under this section if the person is a paying train passenger or an employee or official of the railroad company operating or owning the train.
(A) 
Enforcement authority.
The provisions of this article shall be administered by the Director of Transportation.
(B) 
Designation of local railroad company official.
Each railroad company shall designate a local official who is an employee of the railroad company to be available for notification by the director. This designation shall be in writing to the director and shall include the information necessary to enable the director to contact the designated official in emergencies. The designated official shall be available at all times.
(C) 
Notification of violations by the director.
The director shall notify, in writing, the FRA and the responsible railroad company of any violation of the provisions of this article. This written notification shall list all particulars of the alleged violation with sufficient detail to enable the City Attorney to seek prosecution.
(D) 
Penalty for violation.
Upon conviction, a person who violates a provision of this article is punishable by a fine not to exceed $200.00. A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted.
(E) 
Repeat violations.
Whenever three or more violations are committed in any calendar year by the same railroad company, the director shall notify, in writing, the responsible railroad company.
(F) 
Exception.
This article does not apply to a public transportation authority chartered by the state or to any railroad tracks owned or operated by a public transportation authority chartered by the state.
(A) 
Transporting hazardous materials.
A railroad company commits an offense if it transports hazardous materials over:
(1) 
Any railroad spur track in the City which does not meet at least FRA class 1 standards; or
(2) 
Any railroad main line track in the City which does not meet at least FRA class 2 standards.
For purposes of this subsection, a temporary slow order does not change track classification.
(B) 
Transporting both hazardous materials and shiftable load materials.
A railroad company transporting both hazardous materials and shiftable load materials on one train commits an offense if it fails to separate each railroad car transporting hazardous materials from each railroad car transporting shiftable load materials in compliance with FRA standards.
(C) 
Transporting loose materials.
A railroad company transporting loose materials commits an offense if it fails to transport the loose materials in a manner which prevents the escape of any part of the load due to blowing or spilling.
(A) 
A person commits an offense if he operates a railroad car without an engine across or along any public street or highway within the City.
(B) 
It is a defense to prosecution under subsection (A) if:
(1) 
The railroad car is self-powered and is equipped with FRA standard signaling and lighting devices for warning of the railroad car’s approach; or
(2) 
A flagman is present at each traffic approach.
A railroad company commits an offense if its fences its right-of-way within the City:
(1) 
With barbed wire that begins less than seven (7) feet above the ground;
(2) 
In such a manner that the fencing obstructs a public street or highway extending to or across the right-of-way; or
(3) 
In such a manner that the fencing obstructs the motorist safe stopping sight distance as defined in the most current “Policy on Geometric Design of Highways and Streets” manual.