The Director of Transportation shall enforce the provisions of this subtitle. The Director may adopt procedural rules and regulations as necessary or proper to carry out the intent and purpose of this subtitle. City Code, 1976/83, art. 31, §§46, 49 Ord. 75-919 Ord. 15-435

In order to protect the health, safety, and security of the public at locations within the boundary lines of the City of Baltimore, now or as hereafter existing, where the tracks of any railroad company cross a public street at grade, the railroad company shall install and maintain at such crossing one of the types of signaling, warning, or safety devices, in the manner, of the type, and as required under and in accordance with the provisions of § 19-3 hereof. City Code, 1976/83, art. 31, §45 Ord. 75-919

Whenever the Director of Transportation determines, after adequate investigation and consultation with the railroad, that the crossing of a public street or highway at grade by the tracks of the railroad creates a condition that reasonably requires more adequate protection in addition to that already provided by the railroad, the Director shall:notify in writing the railroad company owning or operating over the tracks at the location that the crossing reasonably requires further protection; and order the railroad company either:to erect or install and maintain at the crossing:automatic gates; automatic flashing lights; or appropriate warning signs; to provide train crew protection; or to do any combination of these. Every such notice issued by the Director shall set forth in writing:the pertinent facts relative to the particular location; the requirements that must be complied with by the railroad; the reasons for the Director’s findings, conclusions, and orders; and a reasonable period of time within which the order must be complied. In determining whether or not a particular railroad grade crossing creates a condition that reasonably requires further protection, and in determining which warning or safety measure, if any, set forth in subsection (a) of this section shall be provided by the railroad company at a particular location, the Director shall consider the following:the number of tracks involved at the particular location; the usual or general speed of the rolling equipment operated over the tracks at the particular location; the number and frequency of trains or other rolling equipment operated over the tracks at the particular location; the type or character of the neighborhood surrounding the particular location; the volume and type of vehicular and pedestrian traffic using the street or highway at the particular location at various times; the transportation requirements and facilities; the topography of the surrounding land and the grade, width, course, and location of the railroad tracks and the street or highway at the particular location; the existence of any signaling, warning, or safety device or devices which have been constructed, installed, or placed by the railroad company at the particular location; the number and character of collisions that have occurred at the particular location; and any other pertinent facts or matters. The cost and expenses for the installation of the devices required by the Director of Transportation under this section may be apportioned by the Board of Estimates between the railroad company and the City on the basis of the Board’s judgment of the benefits accruing to the railroad and the public respectively. In any determination of the allocation of costs, the Board of Estimates may, in addition to all other pertinent factors, consider the relative use of the crossing by railroad traffic and other vehicular traffic. The determination of the apportionment by the Board of Estimates shall be final and not subject to appeal. The apportionment may apply only to future installations ordered under this section. In no event may any part of the cost of restoring, repairing, or maintaining the protective devices provided by the railroad at these crossings or of installing crossings signs or providing train crew protection be apportioned by the Board of Estimates to the City. City Code, 1976/83, art. 31, §47 Ord. 75-919 Ord. 15-435

If the railroad company or the City disagrees or is dissatisfied with any order issued or made by the Director of Transportation under this subtitle, it may, within 15 days after the date of the order, submit a written request to the Director of Transportation to review the order. Within 15 days after the Director has received the written request for review, the Director shall grant a public hearing to the persons requesting the review, at which time the parties shall have a right to introduce testimony and be fully heard, and the said proceedings shall be a matter of record. The Director shall, within 15 days after the hearing, render a decision in writing, including the reasons for the decision. A timely request for review stays all proceedings on the order appealed. But, whenever in the opinion of the Director of Transportation, a stay would cause imminent peril to life or property, the Director may request the Circuit Court for Baltimore City for an order vacating the stay. City Code, 1976/83, art. 31, §48(a), (b) Ord. 75-919 Ord. 15-435

The railroad company or the City, being dissatisfied with a final decision of the Director of Transportation, may appeal on the record to the Circuit Court for Baltimore City by an appropriate petition duly verified, with the right in the parties to offer additional testimony. The petition shall be presented to the court within 15 days after the final decision of the Director of Transportation. On presentation of the petition, the Court shall prescribe the time, not less than 15 days, within which an answer shall be filed and served on the petitioner or its attorney. The Court may reverse, affirm, or modify, in whole or in part, the final decision of the Director of Transportation that has been brought up for review. Compliance with the decision of the Director of Transportation may be stayed only on order of the court, on application and after notice to the Director and for good cause shown. An appeal may be taken from the determination of the Circuit Court for Baltimore City to the Court of Special Appeals of Maryland. Compliance with the decision of the Director of Transportation or of the Circuit Court may be stayed while the appeal is pending only on order of the trial court, after due notice to the parties and on good cause shown. City Code, 1976/83, art. 31, §48(c) - (e) Ord. 75-919 Ord. 15-435

At any time after 1 year or more has elapsed from the date of any final order or decision made or rendered by the Director of Transportation or any court, as the case may be, in connection with any 1 particular location, the railroad company owning or operating over the tracks at the particular location, may file a petition requesting the Director to review the last final order or decision made or rendered in connection with the particular location. Within 10 days after the receipt of the petition, the Director shall set a time for holding a hearing concerning the subject matter set forth in the petition, not sooner than 30 days nor more than 90 days after the petition is received in the office of the Director of Transportation, at which time all interested parties have a right to be heard. The Director of Transportation may amend, change, modify, affirm, or repeal, in whole or in part, the last final order or decision. Within 15 days after the the hearing has been completed, the Director shall render a written decision, including the reasons for the decision. If the railroad company or the City is dissatisfied with the decision of the Director, that party may appeal in the same manner as provided in the case of original decisions of the Director of Transportation. City Code, 1976/83, art. 31, §48(f) Ord. 75-919 Ord. 15-435

Every person and other legal entity subject to this subtitle shall fully comply at all times with all of the terms and provisions of this subtitle and any order issued under this subtitle by the Director of Transportation. Any act or actions that are contrary to any provision or requirement of, and any and all failures to comply with, any provision or requirement of this subtitle or any order issued under this subtitle is a violation of this subtitle. The Director of Transportation may institute or cause to be instituted any and all legal, equitable, or criminal actions or proceedings that may be necessary or proper to enforce any and all of the provisions of this subtitle or any order issued under this subtitle. Nothing contained in this subtitle may be taken or construed to estop or prevent the Director of Transportation from instituting or causing to be instituted or fully prosecuting any and all legal or equitable actions or proceedings of any kind or character that may be necessary or proper to compel a full compliance with any and all of the provisions of this subtitle or any order issued under this subtitle, even though criminal proceedings may be pending or may have been completed. City Code, 1976/83, art. 31, §50(a), (b), §51 Ord. 75-919 Ord. 15-435

Every person or other legal entity who commits a violation of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined $25. Every such person or other legal entity shall be deemed guilty of a separate offense for each and every day that any such violation continues. City Code, 1976/83, art. 31, §50(c) Ord. 75-919