It shall be the duty of each railroad company, at the crossing of its track with any avenue, street or highway of the city, to put and maintain the crossing in a proper condition of repair for the entire width of the street at the place where it is crossed by the railroad tracks, and at its own cost and expense maintain the same in a proper condition over the entire width designated for passage, travel and general use by the public. Whenever the terms and provisions of this section are violated in any particular, or any street has been permitted to remain out of repair contrary to the provisions of this section for a period of five (5) consecutive days, the general superintendent or division superintendent, manager or local agent of the railroad company shall be guilty of a misdemeanor.
(Ordinance 859, § 39-21)
(a) 
It shall be unlawful for any railroad train (engine, car or cars) of any description to obstruct a railroad crossing, or any portion of the width of a crossing, of any public street in the City of Irving for any length of time whatsoever unless a brakeman or other employee of such railroad company is at such crossing, or is immediately available, to uncouple the engines or cars so that emergency vehicles of the police and fire departments of the City of Irving may proceed across such crossing.
(b) 
Further, it shall be unlawful for any railroad train at any time, regardless of whether or not uncoupling personnel are available, to remain as an obstruction of the crossing, or any portion of the width thereof, for a longer period than five (5) consecutive minutes except that this subsection shall not apply to any through train passing over such crossing in constant forward motion or constant backward motion, nor shall it apply if the train is stopped because of any emergency, a natural disaster, or an obstruction of the tracks that is beyond the control of the said train or its parent company.
(c) 
Further, it shall be unlawful for any railroad train (engine, car or cars) of any description to obstruct a railroad crossing, or any portion of the width of a crossing, of any public street in the City of Irving for any period of time, regardless of whether or not uncoupling personnel are available, between the hours of 7:00 a.m. to 8:30 a.m., and 4:00 p.m. to 6:00 p.m., Monday through Friday of each week except that this subsection shall not apply to any through train passing over a crossing in constant forward motion or constant backward motion, nor shall it apply if the train is stopped because of an emergency, a natural disaster, or an obstruction of the tracks that is beyond the control of the said train or its parent company.
(d) 
Any person violating, or causing or permitting to be violated any provision of this section shall be guilty of a misdemeanor, and the penalty prescribed by this Code or such violation shall extend to any and all persons in actual control of such engine or cars, to any and all persons having direction over the movement of such engine or cars, and any and all general 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 at and about the crossings, who shall fail to give the necessary orders or fail to enforce such orders when given.
(e) 
Further, that the obstruction of a railroad crossing by a train in one of the above and foregoing described and forbidden circumstances shall be deemed a nuisance and a hazard and a danger to the health, safety and welfare of the citizens and City of Irving, and the department of police of the City of Irving, or any officer thereof, shall have the right to move said train to cease said obstruction, or to order those in control of said train to move said train to cease said obstruction, and further, that anyone in control of said train or its cars who fails to move said train and cease said obstruction after being specifically ordered to do so by the department of police, or any officer thereof, shall be guilty of a misdemeanor, and the penalty for same shall be the penalty prescribed by this Code for such violations.
(Ordinance 859, §§ 39-22, 39-23; Ordinance 2518, § 1, adopted 5/17/1973; Ordinance 2797, § 1, adopted 9/4/1975; Ordinance 4613, § 1, adopted 2/7/1985)
Whenever in the opinion of the city council the public safety shall demand the placing and maintenance of a watchman, automatic gates, signal bells or signal lights at the intersection of the track of any railroad company operated within the city with a public street, it shall be the duty of such railroad company to place and maintain at such crossing a watchman, automatic gates, signal bells or signal lights for the purpose of warning persons using the streets against approaching trains or engines and for the purpose of obstructing the preventing of such persons from coming in contact with the train or engine.
Whenever a watchman has been ordered placed at a street crossing by the city council, such watchman shall be kept on duty for such hours during the day and night as may be prescribed by the resolution ordering his maintenance at any particular crossing as provided for by the following section.
(Ordinance 859, § 39-24)
The determination of the city council that the maintenance of a watchman or installation of automatic gates, signal bells or signal lights at any crossing is demanded by the public safety shall be expressed by a resolution of the city council and shall direct the placing of such watchman, automatic gates, signal bells or signal lights at the particular crossing where the installation and maintenance of the same is deemed necessary and it shall be the duty of such railroad company in case a watchman, automatic gate, signal bells or signal lights is ordered at any particular crossing to cause such watchman, automatic gates, signal bells or signal lights to be placed at the crossing within the period of time set forth in the resolution and after notice has been given to a local agent of such railroad company.
(Ordinance 859, § 39-25)
Immediately upon the passage of any resolution ordering a watchman to be maintained or automatic gates, signal bells or signal lights installed at any crossing, it shall be the duty of the city secretary to make out a certified copy of such resolution and cause the same to be delivered to the local agent of such railroad company within the city, or any general agent of the railroad company within the state, by mailing the same by registered letter which resolution when so mailed shall constitute the notice required by the preceding section.
(Ordinance 859, § 39-26)
When a gate is ordered placed at the intersection of the tracks of any railroad with any public street within the city, the gate mechanism shall be such that the gate at any crossing shall be closed immediately before the passing of any engine, car or train of cars and shall be opened immediately after such passage.
(Ordinance 859, § 39-27)
All crossing gates, signal bells and signal lights shall be the type and in accordance with the specifications approved by the city council. Each person owning, leasing or operating a railroad operated within, into or through the city, or the receiver in charge of any such railroad, shall prepare, or cause to be prepared, and shall submit to the city council specifications for such gate, signal bell and signal light required by the provisions of this article to be constructed by any such person. If such specifications are approved by the city council, then each such gate, signal bell and signal light shall be constructed in accordance with the specification therefore so submitted and approved. If such specifications so submitted do not meet the approval of the city council, then the city council shall prepare or cause to be prepared and shall adopt specifications for each gate, signal bell and signal light, and each such gate, signal bell and signal light shall be constructed in accordance with the specifications so prepared and adopted.
(Ordinance 859, § 39-28)
It shall be unlawful for any person to operate or cause to be operated any engine, car or train of cars upon any railroad track across any street in the city where a gate, gates, signal bells or signal lights have not been constructed and installed and are not maintained and operated in accordance with the provisions of this article, and the operation of any such engine, train or train of cars across each such intersecting street shall constitute a separate offense punishable by a fine prescribed by this Code. It is hereby made the special duty of each police officer in the city to enforce the provisions of this section, and to this end each police officer shall arrest without warrant all persons operating or in control of any engine, car or train of cars operated in violation of the provisions of this section.
(Ordinance 859, § 39-29)
The provisions of this article shall not apply to any street intersection where such intersecting street passes under the railroad track crossing the same, nor where the railroad or tracks are constructed in a proper subway under the surface of such street.
(Ordinance 859, § 39-30)