SECTIONS 7801-7818 - California Statutes

PUBLIC UTILITIES CODE

SECTION 7801-7818

7801. Street railroads are governed by Chapter 1 (commencing with
Section 7501), so far as it is applicable, unless street railroads
are therein specially excepted.

7802. When a street railroad is constructed, owned, or operated by
any natural person, this chapter is applicable to such person in like
manner as it is applicable to corporations.

7803. Any street railroad or any street railway corporation may
sell, lease, convey, exchange, transfer, or otherwise dispose of all
or substantially all of its property and assets, including
franchises, under authority of a resolution of its board of directors
and with the approval of the principal terms of the transaction and
the nature and the amount of the consideration by a vote or written
consent of shareholders entitled to exercise a majority of the voting
power of the corporation when the sale, lease, conveyance, exchange
or transfer of its properties is made to a municipal corporation or
any other political subdivision within the State.

7804. Authority to lay railroad tracks through the streets and
public highways of any city or city and county may be obtained for a
term of years not exceeding 50, from the governing body of the city
or city and county, under such restrictions and limitations, and upon
such terms and payment of license tax, as the governing body may
provide. Permission shall not be granted to propel cars upon such
tracks otherwise than by electricity or by wire ropes running under
the streets and moved by stationary engines except as provided in
Section 7813. The governing body in granting the right, or at any
time after the right is granted, may impose such terms, restrictions,
and limitations as to the use of streets and the construction and
mode of operating the road as it deems to be for the public safety or
welfare.

7805. The city governing body, in granting the right of way to a
street railroad corporation, in addition to the restrictions which
they are authorized to impose, shall require a strict compliance with
the following conditions, except in the cases of prismoidal or other
elevated railways:
(a) The railway shall be constructed in such manner as will
present the least obstruction to the freedom of the streets on which
it is erected.
(b) The tracks shall not be more than five feet wide within the
rails, and shall have a space between them sufficient to allow the
cars to pass each other freely.

7806. The legislative body of any city or city and county may
permit two or more lines of street railway to use the same portion of
the same street or the same tracks upon such terms as are agreed
upon by the companies operating the railways, but no permission shall
be granted to one company to use the same tracks or portions of the
same street for more than five consecutive blocks, without the
consent of the person or company occupying that portion of the street
and then only upon payment of an equal portion of the cost of
construction of the tracks and appurtenances used by the railways
jointly.

7807. Where the portion of the street is occupied by a track or
tracks of a different gauge from the track or tracks proposed to be
constructed thereon by a line of street railway under a different
management, the latter street railway may nevertheless construct its
track or tracks, subject to the provisions of Section 7806, over the
same ground as is occupied by the prior track or tracks, if they can
be so constructed as not to interfere with the operation of the prior
track or tracks beyond such necessary interference therewith as is
incident to such construction with reasonable skill, care, and
diligence.

7808. Any city or city and county may own and operate street
railways within or without its corporate limits and may occupy the
same street or tracks occupied or used by any street railway within
its limits for any number of blocks, upon payment to the owner
thereof of an equal portion of the estimated cost of construction, at
the time of such occupation, of such tracks or appurtenances as the
city or city and county elects to use jointly with the street
railway.

7809. Any proposed railroad track may be permitted to cross any
track already constructed, the crossing being made as provided in
Chapter 1 of this division. In laying down the track and preparing
therefor, not more than one block shall be obstructed at any one
time, nor for a longer period than 10 working days.

7810. Street railway cars shall be of the most approved
construction for the comfort and convenience of passengers, and
provided with brakes to stop them, when required. A violation of this
section subjects the corporation to a fine of two hundred dollars
($200) for each offense.

7811. Cities in or through which street railroads run may make such
further regulations for the government of the street railroads as
may be necessary to a full enjoyment of the franchise and the
enforcement of the conditions provided herein.

7812. In every grant to construct street railroads, the right to
grade, sewer, pave, macadamize, or otherwise improve, alter, or
repair the streets or highways, is reserved to the city and cannot be
alienated or impaired. The work shall be done so as to obstruct the
railroad as little as possible, and if required, the street railway
corporation shall shift its rails so as to avoid the obstructions
made thereby.

7813. The right to lay down a track for grading purposes and to
maintain it for a period not to exceed three years may be granted by
the governing body of any city, city and county, or county, but no
such track shall remain more than three years upon any one street.
The track shall be laid level with the street, and shall be operated
under such restrictions as not to interfere with the use of the
street by the public. The governing body may grant the right to use
steam or any other motive power in propelling the cars used on the
grading track, when public convenience or utility demands it, but the
reasons therefor shall be set forth in the ordinance, and the right
to rescind the ordinance at any time reserved.

7814. Any corporation, or agent or employee thereof, demanding or
charging a greater sum of money for fare on the cars of a street
railroad than that fixed by law forfeits to the person from whom the
sum is received, or who is thus overcharged, the sum of two hundred
dollars ($200), to be recovered in a civil action against the
corporation.

7815. Every street railroad corporation shall provide, and on
request furnish to all persons desiring a passage on its cars, any
required quantity of passenger tickets or checks, each to be good for
one ride. Any corporation failing to provide and furnish tickets or
checks to any person desiring to purchase them at the prescribed rate
shall forfeit to such person the sum of two hundred dollars ($200),
to be recovered as provided in Section 7814. The provisions of this
section shall not apply to such street railroad corporations as
charge but five cents ($0.05) fare.

7816. Upon the trial of an action for any of the sums forfeited, as
provided in Sections 7814 or 7815, proof that the person demanding
or receiving the money as fare, or for the sale of the ticket or
check, was at the time of making the demand or receiving the money,
engaged in an office of the corporation, or vehicle belonging to the
corporation, shall be prima facie evidence that such person was the
agent, servant, or employee of the corporation, to receive the money,
and give the ticket or check mentioned.

7817. Any street railroad corporation operating cars on the streets
of cities or on the county roads within the State for the conveyance
of passengers, propelled by means of wire ropes attached to
stationary engines, or by electricity or compressed air, who runs,
operates, or uses any car or dummy, unless each car and dummy, while
in use, is fitted with a brake capable of bringing the car to a stop
within a reasonable distance, and a suitable fender, or appliance
placed in front or attached to the trucks of the dummy, or car, for
the purpose of removing and clearing the obstructions from the track,
and preventing any obstacles, obstructions, or person on the track
from getting under the dummy or car, and removing the same out of
danger, and out of the way of the dummy or car, is guilty of a
misdemeanor. Where the commission prescribes the fender or brake to
be used, a compliance therewith constitutes a full compliance with
this section.

7818. Any person operating or driving a street car who becomes or
is intoxicated while so engaged in operating or driving such street
car is guilty of a misdemeanor.