The city council finds that the stopping
and layover of rail cars containing explosives as defined herein,
in rail yards and along rail routes adjacent to, or in close proximity
to, populated areas of the city constitutes an essentially local safety
hazard; and that in the interest of providing for the health and safety
of the population of the city, and for the purpose of protecting said
population from the danger and devastation of explosions, the provisions
of this chapter are enacted.
(Prior code § 9.51; Ord. 1233 § 1, 1973)
It is the intention of the city council
that this chapter shall supplement federal and state law and shall
be interpreted in a manner uniformly consistent with the laws and
regulations of the United States and the State of California, so far
as possible, to avoid an undue burden on commerce.
(Prior code § 9.52; Ord. 1233 § 1, 1973)
means any substance or combination of substances, the primary
or common purpose of which is detonation or rapid combustion and which
is capable of a relatively instantaneous or rapid release of gas and
heat. The term “explosive” or “explosives”
shall include, but shall not necessarily be limited to, any of the
following:
Dynamite, nitroglycerine, picric
acid, lead azide, fulminate of mercury, black powder, smokeless powder,
propellant explosives, detonating primers, blasting caps, commercial
boosters, or nitrocarbonitrates (oxidizing materials) when transported
in a combined load with any explosive, as defined in this section;
Substances determined to be Class
A or Class B explosives as classified by the United States Department
of Transportation;
Any material or combination of materials
including atomic waste materials that spontaneously emit ionizing
radiation;
The term “explosives”
as used in this chapter shall not be deemed to include small arms
ammunition of .75 caliber or less, not any other Class C explosives
as classified by the United States Department of Transportation;
The term “explosives”
does not include special fireworks classified by the United States
Department of Transportation as Class B explosives.
means a railroad engineer, conductor, yard master, train
master, dispatcher, brakeman, terminal superintendent or any employee
or other individual employed by or otherwise representing a rail carrier.
means every rail corporation, freight line, freight forwarder,
dispatcher, car loaning or car renting company, railroad or other
company transporting explosives by train.
(Prior code § 9.53; Ord. 1233 § 1, 1973)
Every person having control of the
movement, stopping or parking of a railroad train which is transporting
explosives within the city shall operate said train in compliance
with this chapter unless federal or state laws or regulations impose
a greater affirmative obligation or a greater restraint, or unless
compliance with this chapter would prevent full compliance with federal
of state laws or regulations by persons subject thereto.
(Prior code § 9.54; Ord. 1233 § 1, 1973)
No person having control over the
movement, stopping or parking of a railroad train, which train includes
any rail car or cars containing explosives, shall knowingly cause
the stopping or parking of such train or such rail car or cars, whether
separated from or attached to a railroad locomotive or whether attached
or separated from other rail cars not containing explosives, within
the city, except when such stopping or parking is at a distance of
not less than 2,600 feet from any building, dwelling house or other
improvement upon real property except real property in lawful possession
of any rail carrier, provided such property in possession of any rail
carrier is not a passenger station or other improvement to which the
public is generally admitted. This section does not apply to the stopping
or parking of a rail car or cars containing explosives when necessary
to make emergency repairs to rail tracks or beds, to cars, engines
or other equipment used to transport explosives; nor does it apply
to stopping or parking necessary to allow a passenger train to pass
or when required for the safe handling of rail traffic or for the
loading or unloading of rail cars, nor for the changing of crews,
the switching of cars or trains from one track to another, the substitution
of locomotives, nor inspection for safety purposes, nor when due to
a wreck, derailment, flood, slide or other act of God. All such stopping,
switching or parking must, however, be minimized by the prompt execution
of such measures as are possible under the circumstances in order
to remove all cars containing explosives to a distance of not less
than 2,600 feet from improved real property.
Fences, road, bridges, power transmission
lines, telephone poles, culverts and sign posts do not constitute
improvements to real property for the purposes of this section.
(Prior code § 9.55; Ord. 1233 § 1, 1973)
It is unlawful and constitutes a
misdemeanor for any person to violate the provisions of this chapter.
(Prior code § 9.56; Ord. 1233 § 1, 1973; Ord. 2657 §1, 1992)
