City of Parsons, KS Chapter 482 Railroads

[HISTORY: Adopted by the City Commission of the City of Parsons as §§ 16-102 to 16-108 of the 1963 Code (Ch. 20 of the 1985 Code). Amendments noted where applicable.]

§ 482-1 Construction and maintenance of crossings.

A. Every railroad company shall maintain the roadbed of all tracks owned by it where they cross any public street according to specifications promulgated by the City Engineer.

B. Every railroad company which owns railroad tracks which cross a public street shall construct or reconstruct the tracks so as to make the top of the rails the same level as the grade of the street established by the City and shall keep and maintain crossings at all times at a smooth and regular grade or surface.

C. Every railroad company which owns tracks which cross any public street in the City shall provide, at the intersection of its track with each street, drains and waterways sufficient to carry off the water which may run down the street along the gutters thereof, and the railway company shall not obstruct gutters so as to prevent the flow of water therein.

State law reference — Power of City over railroads, K.S.A. §§ 12-1633, 12-1634 and 13-1904.

§ 482-2 Construction or maintenance by City.

[Amended 7-9-1990 by Ord. No. 5530]

A. In the event any railroad company fails or neglects or refuses to lay, relay, construct, or reconstruct or repair its railway track or tracks or crossings in accordance with the provisions of § 482-1 of this chapter within 10 days after notice in writing to do so has been served upon an agent of the company by certified mail, or if any such crossing or track across a crossing becomes defective and/or dangerous to the traveling public, the City may make the necessary construction and repair thereof, that may include removal of a track across a crossing that is no longer in use and has been abandoned by the Interstate Commerce Commission or other repairs necessary to protect persons and property from injury or damage, and the cost and expense of the same shall be a lien upon the property of such railway company and may be assessed and taxed against the property of such railroad company in the same manner as other taxes are assessed, levied, and collected, or the City may collect such expense directly from the railroad company by using legal process or other means.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Such notice of repairs or reconstruction shall be ordered by the governing body and shall be signed by the Mayor and attested by the City Clerk.

§ 482-3 Blocking crossings.

A. It shall be unlawful for any engineer, conductor, or other person having under his charge, control, or management any railroad engine, cars or train to cause or permit the same to obstruct any street or avenue in this City in such a manner as to prevent the use of such street or avenue for purposes of travel for a period of time longer than 10 minutes at any one time, except that this subsection shall not apply to trains or cars in motion, other than those engaged in switching.

B. All street crossings over railroads, on the approach of any fire apparatus, shall be cleared so as not to interfere with the passage of such apparatus and shall be kept cleared until such fire apparatus has passed.[1]

[1] Editor's Note: Original § 20-4, Speed, which immediately followed this section and was amended 12-23-1987 by Ord. No. 5466, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 482-4 Violations and penalties. [1]

Violation of this chapter shall constitute a Class C misdemeanor, punishable as provided in § 1-2 of this Code.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).