As used in this article, the following terms shall have the
respective meanings ascribed to them:
The intersection of any railroad tracks upon and over which
may be moved any railroad train, with, on, or through a public street
under such circumstances that such crossing is dangerous to pedestrians
or vehicular traffic using such public streets and that safety precautions
are necessary to protect pedestrians and vehicular traffic.
Locomotive engine, car, train of cars, or any other conveyance,
by whatever means propelled, designed to move over fixed tracks or
rails.
The pulling up and backing across, or the backing across and pulling up, of any freight or passenger cars or railroad engine across any street crossing or intersection of two (2) streets within the city, or upon or along any street within the city; provided, however, nothing contained in this article shall be construed as an exception to or exemption from compliance with section 20.02.004.
Any device in or by which any person or property is, or may
be, transported or drawn upon a public street or thoroughfare, except
devices moved only by human power or used exclusively upon stationary
rails or tracks.
(1958 Code, sec. 31-1; 1978 Code,
sec. 22-1)
It shall be unlawful to blow the railroad engine whistle, horn
or siren, or cause the same to be blown, within the city during the
period of time between 9:00 p.m. and 6:00 a.m., except when there
is imminent danger of an accident. All persons are prohibited from
blowing off or blowing out a railroad engine boiler when crossing
any public street, alley or other thoroughfare within the city.
(1958 Code, sec. 31-2; 1978 Code,
sec. 22-2)
It shall be unlawful for any person, other than authorized railroad
employees, to climb through, under or over any train of cars, whether
such train of cars is moving or at a standstill, or for any person
to disobey any train approach warning signal, sign or barricade.
(1958 Code, sec. 31-5; 1978 Code,
sec. 22-3)
(a)
Blocking streets at crossings; time limit.
It shall
be unlawful for any person operating or causing to be operated any
railroad train within the city to obstruct the crossing, or any portion
of the width thereof, of any street in the city by any railroad engine,
car or cars, of any description, for a longer time than five (5) consecutive
minutes, and whenever such crossing shall have been obstructed, or
any portion of its width, by any such engine, car or cars, for five
(5) or more consecutive minutes at any one time, it shall be left
entirely free and unobstructed for at least five (5) consecutive minutes,
except that this section shall not apply to any through train passing
over such crossing and kept in constant forward motion while passing
the crossing and engaged in interstate or intrastate commerce.
(b)
Between crossings, maximum period.
It shall be unlawful
for any railroad engineer, train conductor or other person to cause
or allow any railroad locomotive, engine, car or train of cars to
stop in or remain upon any street between crossings within the city
for a longer period than thirty (30) minutes at any one time.
(c)
Unblocking in case of fire.
If any railroad crossing
is blocked when the fire alarm indicates there is a fire, it shall
be the duty of the yardmaster in charge of the railroad train blocking
the crossing, and the engineer in charge of the engine, and the watchman
in charge of the crossing, to cause the crossing to be cleared of
railroad trains at once, and to be kept clear for a space of fifteen
(15) minutes, and the failure on the part of any of the aforementioned
persons in charge of their respective duties to clear such crossing
of railroad trains at once, and keep same clear for a space of fifteen
(15) minutes, shall constitute a misdemeanor.
(1958 Code, secs. 31-8—31-10; 1978 Code, secs. 22-4—22-6)
Whoever shall violate, or cause or permit to be violated, any provision of this article shall, upon conviction therefor, be punished as provided in section 1.01.009 of this code, and the penalty herein prescribed shall extend to the president, vice-president, and general manager of any corporation so offending and to all persons in actual control of such engine, car or cars, to all persons having direction over the movement of such engine, car or cars, and to all general or division officers of any corporation owning or controlling such engines or cars, who shall have the authority to give orders in relation to the disposition of such engines or cars in the city, who shall fail to give the necessary orders or fail to enforce such orders when given.
(1958 Code, sec. 31-11; 1978 Code,
sec. 22-7)
Whenever any person shall be charged with violation of any provision
of this article, it shall not be necessary that the complaint shall
negative any of the exceptions contained in this article, and this
article shall be construed so that such exceptions shall be deemed
to be defenses to conviction of any person charged with violation
of this article so that the burden of establishing any of such exceptions
in any case shall be upon the defendant.
(1958 Code, sec. 31-12; 1978 Code,
sec. 22-8)
