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, under and adjacent to its railroad tracks at all places within
the limits of the City and on its own right-of-way, where the same
may be necessary for the escape of water and the proper draining of
the territory on either side of the railroads. (Ref. 16-212, 16-230
RS Neb.)
[Amended 2-15-2022 by Ord. No. 1303]
When any such drains, ditches or culverts may be necessary for
the escape of water and other proper drainage of the territory on
either side of any such railroad track, the Mayor and City 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 the 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, such railroad company, its local
agent, section foreman, or the employee in charge of the maintenance
and way through the City, shall be deemed guilty of a class V misdemeanor.
If such resolution be not then complied with within 48 hours, every
neglect of 24 hours thereafter shall be deemed and shall constitute
a separate offense against the provisions of this Chapter. (Ref. 16-212,
16-230 RS Neb.)
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 said company to make whatever repairs
that it may deem necessary to correct the dangerous condition. Notice
of the said resolution shall be served upon the local agent of the
said company. In the event that the railroad shall fail, or neglect
to repair, and correct the said condition as aforesaid within 48 hours,
neglect for each 24 hours thereafter shall be deemed, and is hereby
made a separate, and distinct offense against the provisions herein.
(Ref. 16-211, 16-212, RS Neb.)
It shall be unlawful for any railroad company to obstruct or
obscure the traveling public's view by storing or parking any railroad
car on a railroad track within 100 feet of the crossing of any such
railroad track and a public road within the corporate limits of the
Municipality; Provided, however, 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. (Ref. 74-1323 RS Neb.)
