§ 38-11. Gates, guards and other protection at crossings generally.  


Latest version.
  • (a)

    Whenever, on any street or sidewalk crossed by the tracks of any railway company, the city council deems it necessary to provide protection to persons and property at such crossings by the erection and maintenance of gates, guards or other protection, the council may so declare and direct that such railway company shall, within a certain time to be fixed by the council, erect, construct and maintain a sufficient safeguard of such character at such crossings, specifying the kind of protection to be erected, constructed and maintained, whether it be a gate, guard or other protection, and it shall be the duty of the city secretary to serve upon such company named in such resolution a certified copy thereof within ten days after passage of such resolution, leaving a copy thereof with the local agent of such company in the city, or at the general office of such company.

    (b)

    Every gate, guard or other protection, and the approaches thereto, when ordered as provided by this section, shall be erected and constructed at the sole cost and expense of the railroad company, under the supervision of the city engineer and the same shall thereafter be kept and maintained by such railroad company in proper repair and condition at its own cost and expense, and without cost or expense to the city, and under the supervision of the traffic engineer.

    (c)

    Whenever any railroad company shall have been directed by the city council to erect, construct and maintain at any street or sidewalk crossed by its tracks, any gates, guards or other protection, as provided in this section, such company shall, within the time prescribed in such resolution, construct and thereafter maintain the protection specified in such resolution, under a civil penalty of $100.00 for every failure so to do, and each and every ten days after the expiration of the time so fixed for the construction of such protection that any company shall refuse or neglect to proceed with the erection and construction of the kind of protection specified shall constitute a separate and distinct offense, and incur a separate penalty. The city shall have the right to institute civil suits for the recovery of such penalty.

(Code 1968, § 39-11; Ord. No. 90-635, § 87, 5-23-90)