§ 29-4. Visual obstructions at public grade crossing; offense.

(a)

Recital.

(1)

This section is intended to control excessive, nuisance-causing vegetation and visual obstructions.

(2)

Furthermore, this section is virtually identical to 16 T.A.C., Part 1, Chapter 5, Subchapter J, Rule 5.809.

(3)

This section is intended to provide rights and remedies substantially equivalent to those granted under state and federal law.

(b)

Conduct.

(1)

At unprotected public grade crossings, each railroad corporation shall control vegetation on its right-of-way (except for the roadbed and areas immediately adjacent thereto) for a distance of two hundred fifty (250) feet each way from the centerline of said crossing so that vegetation does not block the vehicular traffic's view of approaching trains. The two hundred fifty (250) feet shall be measured from the point where the centerline of the railroad crosses the centerline of the public road. Where the subject right-of-way is fenced, this section shall be deemed complied with if the vegetation is controlled up to two (2) feet from said fence.

(2)

At unprotected public grade crossings, each railroad corporation shall keep its right-of-way clear of unnecessary permanent obstructions, such as billboards, signs, abandoned vehicles which are not authorized by the railroad and which are not required for the safe operation of the railroad, for a distance of two hundred fifty (250) feet each way from said crossing so that the obstructions do not block the vehicular highway traffic's view of approaching trains. Billboards and signs which are legally permitted by the state or a political subdivision are not unnecessary permanent obstructions, so long as they do not block the vehicular traffic's view of approaching trains. Permanent buildings, such as warehouses and equipment facilities, which existed prior to July 18, 1995 are exempted from the requirements of this subsection. The two hundred fifty (250) feet shall be measured from the point where the centerline of the railroad crosses the centerline of the public road.

(3)

A railroad corporation may apply for a variance from the requirements of subsection (c) of this section. Such application shall be governed by the general and special rules of practice and procedure before the Railroad Commission of Texas, as they may be from time to time amended. The commission may approve such application for good cause shown.

(c)

Penalties. A fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) shall be assessed against the railroad company. Each crossing where visibility is obstructed shall be a separate offense. Each day's continuance of a violation shall be considered a separate and distinct offense, with a fine imposed for each offense. Service of citation shall be at the railroad's place of business within the city.

(Ord. No. 01-33, § 2, 10-23-2001)