RAILROAD OPERATION

SEA-MC tit. 11, subtit. I, pt. 6, ch. 11.66

in effect

Seattle Mun. Code § 11.66.020 Railroad Company responsible for violation.

11.66.020 - Railroad Company responsible for violation. Whenever an act or omission is declared to be a violation of Sections 11.66.025 through 11.66.120, the railroad company shall be the person responsible for the operation of the train, locomotive, car or cars and such responsible person shall receive a citation in accordance with Chapter 11.32. A railroad company shall maintain an engineer in the locomotive while it is in operation. Each railroad engaging in business activities in the City shall maintain with the City Director of Transportation the name and address of its agent with Seattle for the service of process for citations under this chapter. (Ord. 118409 § 31, 1996; Ord. 117239, § 1, 1994; Ord. 108200, § 2(11.66.020), 1979.)

Seattle Mun. Code § 11.66.025 Warnings at unprotected grade crossings.

11.66.025 - Warnings at unprotected grade crossings. A. A railroad company shall provide a flagger on the ground, or a crew member on a locomotive or railroad car, one (1) of whose duties shall be to look out for and warn the public of an approaching locomotive and/or railroad car(s) whenever the railroad tracks occupy or cross an improved public place at grade where there are no automatic crossing gates (hereinafter "unprotected crossing"), and: 1. Conditions at the unprotected crossing due to weather, traffic, building structures or other temporary or permanent circumstances impair the train operator's ability to see traffic approaching the unprotected crossing or the ability of approaching traffic operators to see the locomotive and/or railroad car(s); or 2. The cab end of the locomotive, i.e., the location of the engineer and controls, is not at the forwardmost portion of the train movement on approaching the crossing. B. When required by subsection A1 or A2, the railroad's flagger or crew member performing said function shall be a person other than the locomotive engineer. The sole duty of such person at such time shall be to look out for and give warning for the safety of people in or approaching the unprotected crossing whenever the locomotive or lead railroad car approaches within one hundred feet (100') of the unprotected crossing. (Ord. 117239, § 2(part), 1994.)

Seattle Mun. Code § 11.66.035 Sounding of horn or whistle.

11.66.035 - Sounding of horn or whistle. No person shall sound the horn or whistle of any locomotive being operated on or along Alaskan Way from King Street to Broad Street, and along the waterfront area west of Elliott Avenue and northward to West Garfield Street, except to prevent accidents not otherwise avoidable. (Ord. 112977 § 1, 1986: Ord. 110686 § 2, 1982.)

Seattle Mun. Code § 11.66.040 Flagger at grade crossings.

11.66.040 - Flagger at grade crossings. No person shall operate or propel a train, in which the forwardmost unit is a car, whether attached to a locomotive or not, on, over, or across any grade crossing of a street or alley that is not protected by automatic railroad signals or gates without having stationed within the dedicated width of such street or alley, a flagger who before and while such crossing operation is under way shall give proper warning for the safety of traffic. (Ord. 108200, § 2(11.66.040), 1979.)

Seattle Mun. Code § 11.66.090 Trains on Alaskan Way.

11.66.090 - Trains on Alaskan Way. No person shall operate any train, including the locomotive engine, which exceeds sixty (60) cars or three thousand five hundred feet (3,500') in length, whichever is greater, on or along Alaskan Way and Alaskan Way South from South Atlantic Street to Blanchard Street; provided, that this provision shall not be enforced when the railroad tunnel running between Bell and Jackson Streets is unavailable for use due to closure for repairs, hazards or some other emergency condition. (Ord. 108200, § 2(11.66.090), 1979.)

Seattle Mun. Code § 11.66.120 Locomotive and train speed limit.

11.66.120 - Locomotive and train speed limit. No person shall operate any locomotive or train over or across any street at a speed in excess of twenty (20) miles per hour except where: 1. The railroad exists on an underpass or overpass; or 2. The Federal Rail Safety Act of 1970 (45 U.S.C. Section 434) or rules of the United States thereunder preempt City authority to set a speed limit on mainline tracks; 3. Unless preempted, the speed limit shall be forty (40) miles per hour at mainline grade crossings of streets or alleys south of South Spokane Street when signals are in operation. (Ord. 120101 § 3, 2000: Ord. 114841 § 1, 1989: Ord. 108200, § 2(11.66.120), 1979.)

Seattle Mun. Code § 11.66.180 Fences, barriers and gates—When required.

11.66.180 - Fences, barriers and gates—When required. Every owner, agent, lessee or operator of any railroad, trestle or other property in the City where the same is open or accessible to the public as a route of pedestrian, bicycle, horse, or motor or vehicle travel, either along or across the same, shall be and is required within ten (10) days after receipt of notice from the Director of Transportation, to guard and protect the public properly in the safe use of the same by the erection of fences, barriers, or other means of protection, approved by said Director along the edge of all trestles and at all other exposed and dangerous places in or along such railroads or other property. Every such owner, agent, lessee or operator of any such railroad or other property, upon notice from said Director, shall provide, within the time to be prescribed by said Director, in such official's reasonable discretion, proper lights and signals at crossings and other dangerous places, such lights to be of the same character and to be maintained during the same hours as the streetlights in the district adjacent to such crossing, or other dangerous place, and every agent, lessee or operator of any such railroad is further required, upon notice from the Director of Transportation, to provide within such time as may be specified by such official, in such official's reasonable discretion, gates or barriers and flaggers at crossings over such tracks as may be designated by said Director. (Ord. 118409 § 32, 1996; Ord. 115995, § 16, 1991; Ord. 108200, § 2 (11.66.180), 1979.)

Seattle Mun. Code § 11.66.200 Failure to erect or repair fences, gates and barriers—Forfeiture of right to use track—Work done by City—Penalty—Removal of barrier.

11.66.200 - Failure to erect or repair fences, gates and barriers—Forfeiture of right to use track—Work done by City—Penalty—Removal of barrier. A. Any owner, agent, lessee or operator of any railroad, trestle or other property in the City, where the same is open or accessible to the public as a route of pedestrian, bicycle, horse, or motor vehicle travel, either along or across the same, who shall fail to erect proper fences or barriers or other suitable means of protection along the edge of all trestles and at all other exposed or dangerous places within thirty (30) days after notice from the Director of Transportation, or to thereafter maintain the same, or shall fail to provide the required lights and signals at the designated points within the time specified in the notice from said Director, and to thereafter maintain the same, or to provide gates or barriers and flaggers at crossings designated by said Director, within the time specified by said Director's notice, or to thereafter maintain the same, or who shall fail to repair or replace any of the things specified within ten (10) days after notice from said Director so to do, shall forfeit the right to use such track, trestle or other property until protection to the public is afforded as set forth in this chapter. The Director of Transportation shall forthwith proceed to erect such temporary barrier or other suitable means of protection as shall be necessary to prevent all access to any exposed or dangerous places, and to thoroughly protect any unlighted or unguarded crossing. B. Any person who shall remove, or attempt to remove, any such barricades, upon a finding thereof, shall be assessed a penalty not exceeding Three Hundred Dollars ($300.00), and the cost of replacement thereof. C. In all cases where such temporary barricades have been erected by Seattle Department of Transportation, as provided in this section, the same shall not be removed until a permit shall be granted by the Director of Transportation for the construction of the required permanent fences or barricades, nor until the required lights, signals, gates or flaggers are provided, nor until the said owner, agent, lessee or operator shall have paid to the City the amount of all costs incurred by the City in the construction and maintenance of such temporary barricades or other suitable means of protection as shall be necessary, as indicated on a statement of such costs furnished by the Director of Transportation. (Ord. 121420, § 6, 2004; Ord. 118409 § 33, 1996: Ord. 116368, § 216, 1992: Ord. 115995, § 17, 1991; Ord. 109476, § 3, 1980; Ord. 108200, § 2(11.66.200), 1979.)

Seattle Mun. Code § 11.66.220 Liability of railroad—Use of bridges and railroads by public.

11.66.220 - Liability of railroad—Use of bridges and railroads by public. Nothing in this chapter shall be construed to relieve the owner, agent, lessee or operator of any railroad from any liability for any injury or damage which may be suffered by any person upon any such railroad property, but the safeguards and protection to the public prescribed shall be provided and maintained in addition to all other care and protection required by law: Provided, however, that nothing contained herein shall authorize or be considered as authorizing the use by the public for purposes of travel, of any railroad, trestle or other property, and such use of any trestle or bridge erected for the sole purpose of carrying railroad track by any person, except by express permission of the company or person whose tracks are carried by any such trestle or bridge, is prohibited, and any person using any such trestle or bridge, except as aforesaid, is declared to be a trespasser. The company or person whose tracks are carried by any such bridge or trestle shall keep at each end thereof a white sign bearing in black letters the words "Danger: Walking or driving on this bridge (or trestle) is prohibited by Ordinance of The City of Seattle." (Ord. 108200, § 2(11.66.220), 1979.)

Seattle Mun. Code § 11.66.230 Severity of offense—Penalty.

11.66.230 - Severity of offense—Penalty. If a railroad company shall violate any section of Sections 11.66.030 through 11.66.120, and its act or omission results in physical injury to the person or property of another, the railroad company shall be guilty of a misdemeanor, and it may be punished therefor by a criminal fine of not more than Five Thousand Dollars (5,000.00). If a railroad company shall violate any section of Sections 11.66.030 through 11.66.120, but no injury to the person or property of another should result from its act or omission, the railroad company shall be guilty of a civil infraction, and it shall be punished by a civil fine of not more than One Thousand Dollars ($1,000.00). (Ord. 117239, § 2(part), 1994.)

Seattle Mun. Code § 11.66.240 Obstructing or delaying train

11.66.240 - Obstructing or delaying train Every person who knowingly obstructs, hinders or delays the passage of any car lawfully operated upon any railway is guilty of a misdemeanor. "Knowingly" shall have the same meaning as in Section 12A.04.030. (Ord. 124686, § 8, 2015.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT11VETR_SUBTITLE_ITRCO_PT6SPDROPRE_CH11.66RAOPFetched: 11/1/2026