Los Angeles Municipal Code Art. 2 Railroads and Railways

Section

• 72.06 Trains – Lights On.

• 72.07 Trains – Flagger to Precede.

• 72.10 Trains – Speed.

• 72.10.1 Clearing Crossings.

• 72.11 Railroad Connections – Permits.

• 72.12 Regulation of Train Whistles.

• 72.16 Sprinkling or Oiling of Roadbed.

No person shall run, propel or operate any railroad car or train of railroad cars upon, along or across any street or across any railroad track, interurban railroad track or street railway track, during the period from one hour after sunset to one hour before sunrise, unless there is attached to such car or train on the end thereof toward the direction in which such car or train is proceeding, a bright white light visible in the direction in which such car or train is proceeding. Such light shall have a reflector equal in power to the kind usually and customarily used by car inspectors of steam railroads.

This section and Section 72.07 shall not apply to any car or train if a competent flagger precedes such car or train carrying a bright white light visible in the direction in which such car or train is proceeding, and shall not apply to any car or train when the same is crossing any street, any railroad track, interurban track or street railway track, if such street or track is, at the time of such crossing, protected by an interlocking device or apparatus.

Municipal Corporations may enact and enforce ordinances not inconsistent with the State law requiring lights on trains.

7 McQuillen, Municipal Corporations, 768, Sec. 24.710.

No person shall run, propel or operate any railroad car or train of railroad cars upon, along or across any street or across any railroad track, interurban railroad track or street railway track, during the period from one hour before sunrise to one hour after sunset, unless a competent flagger shall proceed in advance of such car or train or shall be upon the end thereof toward which such car or train is proceeding. This section shall not apply to any car or train if a locomotive is attached to the end thereof toward which such car or train is proceeding.

a. (Amended by Ord. No. 122,281, Eff. 7/23/62.) The operator of any steam, electric, diesel or other propelled railroad train, car, or other rolling stock shall not drive, or cause or permit to be driven such train, car, or other equipment into or upon a highway or street in excess of the following speeds:

(1) At a speed greater than is reasonable or prudent having due regard for the traffic on, and the surface and width of the highway;

(2) At a speed which endangers the safety of persons or property;

(3) At a speed greater than thirty-five (35) miles per hour when entering any highway or street grade crossing within the following described boundaries: Beginning at the intersection of the north boundary of the City of Los Angeles with the Golden State Freeway, thence southerly along said Golden State Freeway to Foothill Boulevard, thence easterly and southerly along Foothill Boulevard to Osborne Street, thence southerly along Osborne Street to Glenoaks Boulevard, thence easterly along Glenoaks Boulevard to the Los Angeles-Burbank City boundary, thence along said City boundary westerly and southerly to Riverside Drive, thence westerly along Riverside Drive to the Ventura Freeway, thence westerly along Ventura Freeway to Topanga Canyon Boulevard, thence northerly along Topanga Canyon Boulevard to Santa Susana Avenue, thence northerly along Santa Susana to the Los Angeles City boundary, thence easterly and northerly along Los Angeles City boundary to the point of beginning;

(4) At a speed greater than ten (10) miles per hour whenever such a train, car or equipment is operated within the City longitudinally over the same portion of a highway or street that is also used by motor vehicles.

b. The speed of any such train, car or equipment not in excess of the limits herein specified is lawful unless clearly proved to be in violation of the basic rule hereinabove in this section declared.

c. The speed of any such train, car or equipment upon a highway in excess of any of the limits specified in this section is prima facie unlawful unless the defendant establishes by competent evidence that any speed in excess of said limits did not constitute a violation of the basic rule hereinabove in this section declared, at the time, place and under the conditions then existing.

d. The prima facie limits referred to above are as follows:

1. Fifteen (15) miles per hour:

(a) When entering any highway crossing within the district included within the following described boundaries: Beginning at the intersection of Soto Street and Huntington Drive, southerly along Soto Street to the southerly city limits; thence southerly and westerly along the city boundary to Florence Avenue, thence westerly along Florence Avenue to the west city boundary, thence northerly along the west city boundary and West Boulevard to Slauson Avenue, thence easterly on Slauson Avenue to Western Avenue, thence northerly along Western Avenue to Vernon Avenue, thence easterly along Vernon Avenue to Broadway, thence northerly along Broadway and North Broadway to Mission Road, thence northerly along Mission Road and Huntington Drive to the point of beginning.

2. Twenty-five (25) miles per hour:

(a) When entering any highway crossing within the district included within the following described boundaries: Beginning at the intersection of the boundary of the City of Los Angeles with Kendall Avenue and Huntington Drive North, thence southerly and westerly along said city boundary to the intersection of said city boundary with Soto Street, thence northerly along Soto Street to Mission Road, thence southerly and westerly along Mission Road and North Broadway to the Los Angeles River, thence northerly along the Los Angeles River to North Figueroa Street, thence northerly along North Figueroa Street, Marmion Way, and Monte Vista Street to Avenue 61, thence southeasterly along Avenue 61 to Piedmont Avenue, thence northerly and easterly along Piedmont Avenue, North Figueroa Street, and Pasadena Avenue to the east city boundary, thence southerly and easterly along the city boundary to the starting point.

e. The Board is hereby authorized to determine those streets and intersections at and on which movement of such train, car or equipment is hazardous or dangerous to life or property by reason of the volume of traffic upon such streets or at such intersections, or the lack of visibility of the drivers of vehicles approaching said streets or intersections, or by reason of other physical conditions likely to render any such street or intersection dangerous or hazardous to life and property. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.)

The Board, after not less the five (5) days written notice of hearing to such utility company whose operation is affected, and in accordance with the provisions established by law, shall have power and authority to adopt resolutions establishing as to said streets and intersections lesser prima facie speed limits than those set forth above in this section. No such lesser prima facie speed limits and resolutions shall be effective for more than thirty (30) days unless the resolution is approved by the City Council. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.)

An ordinance limiting the speed of trains with the corporate limits of a City is valid. Gillum v. Pacific Coast Ry. Co. (Wash.), 279 Pac. 114.

Frazer v. Northern Pac. Ry. Co., 28 Fed. Supp. 20.

But see: Cincinnati v. Lucky (Ohio), 87 N.E. 2d 894.

After having entered any highway crossing, any steam, diesel or gasoline-propelled railroad train, car or rolling equipment shall be so operated as to clear such crossing for longitudinal highway traffic as quickly as practicable, consistent with the speed limits prescribed by law.

(Amended by Ord. No. 173,301, Eff. 6/30/00, Oper. 7/1/00.)

No person operating a street railroad shall construct or maintain curved tracks connecting its tracks at any street intersection with the tracks of any other street railroad operated by the same person without first obtaining a permit therefor as provided in this section.

(a) Such person shall first make a written application, signed by the applicant which shall be filed with the Office of Finance and shall be accompanied by

(1) Payment of Twenty-seven dollars and fifty cents ($27.50) to cover the cost incident to the applicant. (Amended by Ord. No. 137,137, Eff.9/29/78.)

(2) A map or diagram showing in detail the location of the work to be done for which the application is sought, and all intersecting streets at the point of construction of the proposed work.

(b) At the next regular meeting of the Council after the filing of the application, the Office of Finance shall submit the same to the Council. Before any action is taken thereon, it shall be referred to the Board for its recommendation. The Board shall proceed to inquire into the application and within thirty days after such application shall have been referred to it, or longer if allowed by the Council, shall report to the Council its recommendation relative thereto. If, in the judgment of the Board, the application should not be granted, it shall so report, stating its reasons therefor; and if, in the judgment of the Board, the application should be granted, it shall recommend the terms and conditions upon which it shall be granted. Permits shall not be granted by the Council contrary to the recommendation of the Board except upon two-thirds vote of the entire Council.

(c) Each permit granted under the provisions of this section shall be granted by ordinance and not otherwise and shall be revocable at the pleasure of the Council; provided that in no event shall such permit continue for a period exceeding the unexpired term of the franchise first to expire under which street railway tracks are maintained at such street intersections; and provided further that in no event shall such permit continue for a period exceeding twenty-one years.

(d) Each such connection or connecting curve constructed or maintained under permission granted shall be at all times constructed and maintained in accordance with the restrictions and limitations contained in Sec. 49 of the Civil Code of the State of California and in the ordinances of this City, and in accordance with the regulations prescribed by the Council in the ordinance granting such permission.

(e) The payment of the amount required by Subsection (a) hereof shall be deposited in the Treasury to the credit of the General Expense Fund.

It shall be unlawful and a public nuisance for any operator of a railroad train in the Mount Washington and Highland Park areas of the City of Los Angeles between the intersection of Figueroa Street and Marmion Way up to and including the area at the intersection of Figueroa and Avenue 61, to blow or otherwise activate, or permit to be blown or activated, any horn or whistle when approaching any railroad crossing at grade, protected by automatic crossing gates, EXCEPT in the case of any emergency. (Amended by Ord. No. 150,410, Eff. 1/20/78.)

It shall be the duty of every railroad and street railroad to so sprinkle with water, or treat with oil, or otherwise treat that part of the surface of each street occupied or used by its tracks between the rails and between the tracks and a strip two (2) feet in width on each side thereof, that dust will remain settled on said portions of such street when any train, car or rolling equipment is operated on such tracks; provided, however, that said requirement shall not apply when such streets are paved.