[HISTORY: Adopted by the City Commission of the City of Kalamazoo as indicated in section histories. Amendments noted where applicable.]
Streets — See Ch. 33.
Street obstructions generally — See § 33-2.
Traffic Code — See Ch. 36.
Duty of drivers of vehicles to stop at railroad crossing upon approach of train — See § 36-111.
Driving through, around or under railroad crossing gate — See § 36-112.
Pedestrians passing through, around, over or under gate or barrier at railroad crossing — See § 36-285.
Railroad companies — See MCLA § 462.201 et seq.
Protection of crossings — See MCLA § 462.391 et seq.
[P&L Code § PL901]
The rate of speed of engines and cars on all railroads within the limits of the City shall not exceed 40 miles per hour. Any engineer, conductor or other person having charge of any railroad engine, car or train of cars, who shall cause the same to go over or upon any railroad within the limits of the City at a greater speed than 40 miles per hour, shall be deemed guilty of a misdemeanor.
[P&L Code §§ PL902, PL903]
All railroad companies whose tracks are laid within the limits of the City shall place, or cause to be placed, at every street crossing, and at a safe distance from the ground, a suitable sign, lettered on both sides, to indicate a crossing, and to caution the public against any danger, immediate or remote, from any approaching locomotive or train. Such sign shall be located under the direction of the City Engineer, subject to the control of the City Manager.
Whenever any railroad crossing within the corporate limits of the City shall be found without the sign required by this section, it shall be the duty of the City Engineer and the Chief of Police to notify the City Manager, who shall serve or cause to be served, personally upon the superintendent or agent of the railroad company whose tracks go over such crossing, such a written notice, requiring such company to cause such sign to be erected within 20 days from the date of service of such notice. It shall be unlawful for such company to refuse, neglect or fail to comply with the notice.
[Amended 12-20-1999 by Ord. No. 1692]
A railroad shall not permit a train to obstruct vehicular traffic on any public street or highway in the City for longer than five minutes at any one time, except the obstruction shall not be considered a violation under the following circumstances:
A railroad shall not permit successive train movements, including the movements of a single train, to obstruct vehicular traffic on a public street or highway until all vehicular traffic previously delayed by such train movements has been cleared.
A railroad company shall not permit its employees to allow the activation of active traffic control devices at a railroad grade crossing for more than two minutes if there is no intention to move a train or track equipment through the crossing within 20 seconds to 60 seconds after the activation of the devices.
Each offense under this section shall be a separate violation punishable by a fine of not more than $500.
Any obstruction of any public street or highway which continues for more than 10 minutes shall constitute one or more additional, separate violations of this section. An obstruction of any public street or highway which lasts between 10 minutes, one second and 15 minutes shall constitute two violations of this section; an obstruction of any public street or highway which lasts between 15 minutes, one second and 20 minutes shall constitute three violations of this section. Any additional obstruction interval of up to five minutes shall be deemed an additional, separate violation as well.
For purposes of this chapter, a train includes any engine or locomotive, or one or more engines or locomotives and any attached railroad cars.
[P&L Code §§ PL905, PL906]
All railway companies owning or maintaining tracks in the City shall cause that part of their tracks which crosses any public street or alley in the City to be planked or paved between rails, in such manner and within such specified time as the City Commission shall, by resolution provide. A certified copy of such resolution shall be served upon any duly authorized representative or agent of such railway companies, in the City, by the City Clerk.
If any railroad company shall refuse, neglect or fail to comply with the provisions of any resolution adopted by the City Commission under this section, it shall be deemed guilty of a misdemeanor. If such company shall fail to comply with this section in accordance with such resolution, the City Manager may forthwith cause the improvements and repairs to be made and file with the City Clerk an itemized statement of the expense thereof, and it shall thereupon be the duty of the City Attorney, when notified by the City Clerk thereof, to begin suit against the railway company to recover the amount of such expense.
[P&L Code § PL910]
The Fire Department of the City, when answering an alarm of fire, shall at all times be entitled to and are hereby given the right-of-way over all railway crossings, and no engineer, conductor or other person shall stop and hold a train or part of train, of which he is in charge, on any street crossing within the corporate limits of the City, so as to prevent, obstruct, delay or hinder the Fire Department, or any part thereof, in answering an alarm of fire, but instantly, on receipt of warning, he shall clear the crossing for the immediate passage of the Fire Department.
[P&L Code § PL911]
No engineer, conductor or other person shall run or cause to be run any railroad engine, car, train or part of a train over any line of hose laid by the Fire Department over the right-of-way of a railroad company, while the same is in use by the Fire Department, or in any way delay, hinder or obstruct the Fire Department at any street crossing or at any point on the railroad right-of-way within the corporate limits of the City, while in the performance of its duty as fixed by the ordinances, rules and regulations of the City.
[P&L Code § PL907]
Whenever the City Commission shall order any railroad company to make, keep open or repair any ditch, drain, sewer or culvert along, under or across its railroad track, as may be necessary to drain its grounds and right-of-way property, or so that the natural drainage of adjacent property shall not be impeded, it shall, by resolution, specify the manner in which such ditch, drain, sewer or culvert shall be made, kept open or repaired, and shall specify the time, after service of a copy of the resolution on the railroad company, within which such work shall be done. Service of such resolution shall be made upon the railroad company by delivering a copy thereof, certified by the City Clerk, to the superintendent, general manager or agent of such company in the City, which service may be made by any employee of the City.
If any railroad company shall refuse, neglect or fail to make, open or repair any ditch, drain, sewer or culvert, in the manner and within the time specified in a resolution served on it under this section, it shall be the duty of the City Engineer to forthwith make, open or repair such ditch, drain, sewer or culvert, upon the completion of which the City Engineer shall file, in the office of the City Clerk, a certified copy of such resolution, showing the service of the same upon the railroad company, together with a report showing the execution of the order contained in the resolution and an itemized account of the expense incurred in executing the same. It shall thereupon be the duty of the City Attorney to forthwith commence suit against such railroad company to recover the amount of such expense.