|
806 LAWS OF MARYLAND [Ch. 4
REVISOR'S NOTE: This section presently appears as
Article 66C, section 356 of the Code, as
amended by Chapter 181, Acts of 1972. The
only changes made are in style.
PART II. DUTIES OF RAILROADS.
5-707. RAILROADS TO CLEAR AND MAINTAIN SAFETY STRIPS.
(A) IN GENERAL.---BETWEEN OCTOBER 1 AND APRIL
15, EVERY PERSON WHO OPERATES A RAILROAD IN THE STATE
SHALL ESTABLISH A MEANS TO PREVENT A FOREST FIRE ALONG
THE PARTS OF ITS TRACKS ADJACENT TO WHICH THE
DEPARTMENT FINDS A FIRE HAZARD EXISTS OR PROBABLY MAY
BE CAUSED BY FAILURE TO TAKE PRECAUTIONS. IF THE
DEPARTMENT BELIEVES OTHER PRECAUTIONARY MEANS ARE
INSUFFICIENT, THE PERSON SHALL CLEAR A SAFETY STRIP
OF A WIDTH NOT EXCEEDING 100 FEET, AS THE DEPARTMENT
DETERMINES, MEASURED HORIZONTALLY FROM THE OUTER RAIL.
THE SAFETY STRIP SHALL BE CLEARED BY REMOVING ALL DEAD
WOOD, FALLEN LEAVES, WITHERED GRASS, AND OTHER
INFLAMMABLE MATERIAL, EXCEPT FENCES, BUILDINGS, AND
MANUFACTURED PRODUCTS, FROM THE GROUND EMBRACED WITHIN
THE WIDTH PRESCRIBED. THIS SUBSECTION DOES NOT
PREVENT THE PERSON FROM PILING AND STORING ALONG ITS
RIGHT-OF-WAY ANY MATERIALS NECESSARY FOR CONSTRUCTION,
MAINTENANCE, OR OPERATION OF ITS RAILROAD.
(B) NOTIFICATION BY DEPARTMENT.—BY SEPTEMBER 1
OF EACH YEAR, THE DEPARTMENT SHALL NOTIFY THE PERSON
WHO OPERATES A RAILROAD IN THE STATE OF THE PASTS OF
ITS TRACKS WHERE A FIRE HAZARD EXISTS OR PROBABLY MAY
BE CAUSED TO EXIST BY FAILURE TO TAKE PRECAUTIONS, OR
OF THE NECESSITY FOR A SAFETY STRIP.
REVISOR'S NOTE: This section 5-707 is new
language derived from Article 66C, sections
376 and 382 of the Code, as amended by
Chapter 801, H.B. 778, Acts of 1973, which
are proposed for deletion. The substance
of these two sections is set forth in
proposed section 5—707 (a) and (b).
Language is added to provide that this
section applies to any railroad operated in
the State, not merely to those operated "by
other than steam motive power."
(C) NOT TO DAMAGE PROPERTY OF OWNER.--SUBJECT TO
THE PROVISIONS OF SUBSECTION [[(C)]] (D) OF THIS
|
