[HISTORY: Adopted by the City Council of the City of Seward as Ch. 10, Art. 7, of the 1976 Code. Amendments noted where applicable.]
It shall be the duty of every railroad company doing business in, or traveling through, the municipality to keep in a suitable and safe condition the crossings and right-of-way in the municipality. If any such crossing shall at any time fall into disrepair and become unsafe, or inconvenient for public travel, the governing body may, by resolution, call upon the company to make whatever repairs that it may deem necessary to correct the dangerous condition. Notice of the resolution shall be served upon the local agent of the company. In the event that the railroad shall fail or neglect to repair and correct the condition as aforesaid within 30 days, neglect for each day thereafter shall be deemed and is hereby made a separate and distinct offense against the provisions herein. (Neb. RS 16-211, 16-212)
It shall be the duty of all railroad companies owning, operating, and maintaining a railroad through the municipality to sufficiently light all crossings and to install as many signal systems as the governing body shall deem necessary at the expense of the company. Said lighting shall be of not less than 600 candlepower, which said electric light shall be kept lighted at all times between one hour after sunset in the evening until one hour before sunrise the morning following. (Neb. RS 16-212)
It shall be unlawful for any railroad company, its employees, agents, or servants operating a railroad through the municipality to obstruct traffic on any public street, except in the event of an emergency, for a longer period at one time than 10 minutes. (Neb. RS 16-212)
It shall be the duty of any railroad company owning, maintaining, or operating a railroad within or through the corporate limits of the City to construct and keep in repair ditches, drains, and culverts along and under its railroad tracks at all places within the limits of the City, where the same may be necessary for the escape of water and the proper draining of the territory on either side of said railroads.
When any such drains, ditches, or culverts may be necessary for the escape of water and the proper drainage of the territory on either side of any such railroad track, the Mayor and Council may, by resolution, call upon the proper railroad company to construct or repair the drain, ditch, or culvert and to place the same in a proper condition for the escape of water for the proper drainage of the territory on either side of said railroads. A copy of every such resolution shall be served upon the local agent of the railroad company, whose duty it is to construct or keep in repair any such drain, ditch, or culvert; and for a failure or refusal to comply with any such resolution within 14 days after the service thereof as aforesaid, such railroad company shall be deemed guilty of a misdemeanor.
No running or flying switches shall be made across any street opened and in public use.
[Amended 10-15-1985 by Ord. No. 19-85]
It shall be unlawful for any railroad company to obstruct or obscure the public's view by storing or parking any railroad car on a railroad track within 50 feet of the crossing of any such railroad track and a public road within the corporate limits of the municipality; provided, however, that in no instance shall any person who is authorized to control the movement of such railroad car or cars within such distance be prevented from reasonably conducting his or her business. (Neb. RS 74-1323)
Except as otherwise provided herein, any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.