No railway company shall lay tracks within the limits of the
city without a special permit from the city council being first had
and obtained. It shall be the duty of the city engineer to examine
and report on each application for such a permit as to the advisability
of granting the permit.
(1970 Code, sec. 26-1; 1988 Code,
sec. 27-1)
No right-of-way over any of the streets within the city shall
be granted to any railway company unless a map and profile of the
grades along the streets named shall accompany the application and
ordinance granting the right-of-way. It shall be the duty of the city
engineer to inspect all such maps and profiles and report the result
of his investigation as soon thereafter as possible to the city council.
No right-of-way shall be granted until such examination shall be made
and reported upon, in order to better protect the rights of property
owners along the several streets; provided that there shall be no
cost attached to the city.
(1970 Code, sec. 26-2; 1988 Code,
sec. 27-2)
(a)
This section shall apply to all railroad companies having any track
or portion thereof extending on, over, along or across any street,
avenue or alley or any portion of the same, within the corporate limits
of the city.
(b)
Railroad tracks, turnouts and switches shall be laid, constructed
and maintained so as to conform to grades for city streets and in
such manner as to interfere as little as possible with ordinary travel
on and the use of streets.
(c)
Railroad companies shall, at their expense, keep and maintain such
portion of any street, avenue or alley occupied by their tracks, and
such portion of any street as is affected in its drainage by such
tracks, in such condition as to properly drain the portion of the
street so occupied by such tracks. Such companies shall also construct
and keep in repair, under the tracks and one (1) foot on either side
of the rails, all crossings, culverts, ditches and drains on their
lines extending on, over, along or across any street, avenue or alley.
(d)
Every railroad company shall maintain its crossings on streets in
good repair and in such condition as to interfere as little as possible
with ordinary travel on and use of such streets and crossings. The
company shall pay all costs of the repair, paving, grading and drainage
of such crossings and shall light such crossings at its own expense.
(e)
If, at any time, the city manager is of the opinion or has reason
to believe that any railroad company is violating or failing to comply
with any provision of this section, he shall direct the city engineer
to inspect the tracks of such company and the street, avenue or alley
or portion thereof occupied by such tracks and immediately report
in writing the exact condition of same, particularly with reference
to the condition of crossings, culverts, drainage, and lighting, and
whether the same are so maintained in accordance with the provisions
of this section as to interfere as little as possible with ordinary
use and travel by the general public. A copy of such report shall
be filed with the city clerk and, if the report indicates that any
violation of this section exists, it shall be the duty of the city
clerk to mail a copy of the report to the local agent of the railroad
company and to notify the company to appear before the city council
at its next regular meeting to show cause, if any, why it should not
be required to correct the conditions noted in the report.
(f)
A railroad company receiving notice under subsection (e) shall appear before the city council at the time stated in the notice and shall be heard as to the matter complained of. If it appears that the company is complying with the provisions of this section, the proceedings shall continue no further. If, at the hearing, it shall appear to the council that the company has not complied with the requirements of this section, it shall be so declared by the council and the company shall, by motion of the council, be required to correct the conditions complained of within thirty (30) days after the adoption of the motion. If the company fails to so correct the conditions, the city manager is hereby authorized to have the work done, under the direction of the city engineer, and the cost of same, including reasonable attorney’s fees, may be recovered by the city from such company in any court of competent jurisdiction.
(g)
It shall be unlawful for any agent, employee or officer of any railroad company or any other person to interfere with the city engineer or any other person in doing or performing any work on any track or street under the provisions of subsection (f) of this section, or to hinder or impede such work in any manner.
(1970 Code, sec. 26-3; 1988 Code,
sec. 27-3)
(a)
It shall be unlawful for any person in charge of any railway train
to obstruct a street crossing in the city for a longer period of time
than five (5) minutes at one (1) time. After a crossing has been illegally
obstructed for the initial period of five (5) minutes, each succeeding
period of five (5) minutes of illegal obstruction shall constitute
a separate offense.
(b)
By the term “obstruct a street crossing” is meant the
blocking of the flow of traffic on such street by stopping a railway
train on the railroad tracks across such street, or by occupying the
tracks across the street with a moving railway train, or by a combination
of both, it being the intent and purpose of this section to prevent
the person in charge of the railway train from obstructing traffic
flowing upon the street by either a moving railway train or a stopped
railway train or a combination of both.
(1970 Code, sec. 26-4; 1988 Code,
sec. 27-4)
If any person shall obstruct in any manner whatever by the placing
or the careless leaving on the roadbed or track of any railroad in
the city any substance or thing which could impede or in any manner
interfere with the running thereon of the railroad cars, he shall
be deemed guilty of a misdemeanor.
(1970 Code, sec. 26-5; 1988 Code,
sec. 27-5)
If any person, not a passenger or employee of the railroad,
shall get on, cling to or swing to any railroad car while the same
is in motion within the city, he shall be deemed guilty of a misdemeanor.
(1970 Code, sec. 26-6; 1988 Code,
sec. 27-6)
