The Board of Supervisors 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 County constitute an essentially local safety hazard;
and that in the interest of providing for the health and safety of
the population of the County; and for the purpose of protecting the
population from the danger and devastation of explosions, the provisions
of this chapter are enacted.
(SCC 145 § 1, 1973)
It is the intention of the Board of Supervisors 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.
(SCC 145 § 1, 1973)
As used in this chapter:
1.
"Explosives"
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:
a.
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;
b.
Substances
determined to be Class A or Class B explosives as classified by the
United States Department of Transportation;
c.
Any
material or combination of materials, including atomic waste materials
that spontaneously emit ionizing radiation;
d.
The
term "explosives" as used in this chapter shall not be deemed to include
small arms ammunition of seventy-five hundredths caliber or less,
nor any other Class C explosives as classified by the United States
Department of Transportation;
e.
The
term "explosives" does not include special fireworks classified by
the United States Department of Transportation as Class B explosives.
2.
"Person"
means a railroad engineer, conductor, yardmaster, train master, dispatcher,
brakeman, terminal superintendent or any employee or other individual
employed by or otherwise representing a rail carrier.
3.
"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.
(SCC 145 § 1, 1973)
Every person having control of the movement, stopping or parking
of a railroad train within which is transporting explosives within
the County of Sacramento shall operate the train in compliance with
this chapter unless federal or state laws and regulations impose a
greater affirmative obligation or a greater restraint, or unless compliance
with this chapter would prevent full compliance with federal or state
laws or regulations by persons subject thereto.
(SCC 145 § 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 of such rail car or cars whether separated from or attached to
a railroad locomotive or whether attached to or separated from other
rail cars not containing explosives, within the County, 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 a 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 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 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, roads,
bridges, power transmission lines, telephone poles, culverts, and
sign posts do not constitute improvements to real property for the
purposes of this section.
(SCC 145 § 1, 1973)
It is unlawful and constitutes a misdemeanor for any person
to violate the provisions of this chapter. Every person convicted
of a misdemeanor for violation of any of the provisions of this chapter
shall be punished by a fine of not more than 500 y imprisonment for
not more than six months or by both such fine and imprisonment. Any
person arrested for violation of this chapter may be cited to appear
in court by written notice prepared in the manner provided for in
Section 853.6 of the Penal Code of the State of California.
(SCC 145 § 1, 1973)
