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OFFICE OF T:iE CITY ATZ'GRNE`1 <br />OPINION NO. 73-38 <br />MAY 9, 1973 <br />SUBJECT: City Regulations Over Crossing Signals <br />on Public Streets <br />REQUESTED BY: Assistant City Attorney <br />OPINION BY: Stephen Chase, Deputy City Attorney <br />QUESTION: May the City require a railroad to <br />set back crossing signals impending <br />the flow of traffic on a public street? <br />ANSWER: No. <br />ANALYSIS: <br />The Public Utilities Code section 1202 provides <br />in relevant part: <br />-- "The Commission Public Utilities Commission has <br />the exclusive power: <br />'"' (a) to determine and prescribe the manner, including <br />the particular point of crossing, and the terms of <br />installation, operation, maintenance, use, and pro- <br />tection of each crossing...of a public or publicly <br />used road or highway by a railroad or street rail- <br />road, and of a street by a railroad or visa versa.... <br />(b) to alter, relocate, or abolish by physical <br />closing any such crossing heretofore or hereinafter <br />established...." <br />The above quoted section has been held to give <br />exclusive jurisdiction to the PUC to regulate such matters <br />as railroad signals which cross city streets. <br />The question then arises of how the above quoted <br />section and Article 12 Section 23 of the State Constitution <br />affects charter cities. Article 12 Section 23 after <br />setting out the powers of the railroad commission, the <br />predecessor of the PUC, states within it that <br />"This section shall not affect such powers of <br />control over public utilities as relate to the <br />making and enforcement of local, police, sanitary <br />and other regulations, other than the fixing of <br />rates, vested in any city and county or <br />74 <br />