[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)
A.
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.
B.
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.
