SEC. 72.10. TRAINS - SPEED.
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.
