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Council adopts amendment to allow local enforcement for foreign material on roadways; debate over railroad vegetation continues

Franklin City Council · September 9, 2024
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Summary

Council approved Ordinance 2024-14 allowing the city to cite foreign material placed in the right-of-way, including grass cuttings, but councilors acknowledged federal limits on compelling railroads to clear their rights-of-way and discussed pursuing agreements and congressional assistance.

Franklin City Council voted to adopt Ordinance 2024-14, an amendment aimed at clarifying the city's authority to cite "foreign material" placed in the roadway, such as grass clippings and debris. City staff said local citation authority allows any fines to remain in the city rather than being paid to the state when enforcement is pursued under state code.

Interim City Manager Bertram summarized the issue: the state code covers foreign material on roadways, but local code allows the city to retain collected fines. Residents and council members asked whether the ordinance would let the city compel railroads to cut vegetation along their right-of-way. Bertram said federal law and recent federal site citations from CSX create limits: CSX told staff it does not consider some vegetation its responsibility unless the track is unused, and offered the city $2,500 a year to allow the city to cut certain areas under an agreement. Bertram said that amount would not address the scale of the problem and that she planned to contact the city's congressional delegation.

Council members pressed for immediate action where city equipment can be used and discussed a prior historic practice of the city cutting railroad crossings for safety. The council approved the ordinance by voice vote and directed staff to pursue options including agreements with railroads and exploring enforcement where city authority and equipment permit.