§ 38-14. Lighting of crossings.  


Latest version.
  • (a)

    It shall be the duty of each railroad company customarily and regularly operating trains at night within the city over and across the public streets in the city to erect, establish, keep and maintain an electric light, when and as may be ordered by the city council, at each crossing that is designated by the city council. Such electric light shall be of not less than 50 watts, and shall be not more than 75 feet distant from the nearest rail at such crossing and not less than 22 feet distant from the ground.

    (b)

    The crossings where electric lights are required to be erected, established, kept, lighted and maintained in accord with this section shall be designated by the city council by resolution passed by it after a finding by the city council that trains are customarily and regularly operated over each such crossing at night, and that a necessity exists for the erection, establishment and maintenance of an electric light at such crossing for the protection of the safety and security of persons traveling over the same.

    (c)

    At crossings where electric lights are required to be erected, established, kept and maintained in accord with this section, such lights shall not be required to be kept burning nor lighted during such hours, or parts of hours, when the lights in use for lighting the city streets shall not be lighted or burning. The purpose of this subsection is to exempt the railroad company from lighting such crossing at any time the streets of the city are not lighted.

    (d)

    Should any standard safety device be installed, designed to warn citizens and other travelers of the approach of a train, and to provide for their safety and security, or should a watchman be placed to accomplish this purpose, at any crossing designated by the city council for the erection of electric lights, the provisions of this section shall not apply and such provisions shall become inoperative as to such crossing.

    (e)

    Any railroad company or person operating a railroad in the city who shall fail to keep and maintain such lights as are hereinbefore provided for when required to do so by proper resolution of the city council, or who shall fail to comply with the provisions of this section, shall be liable to the city for a fine which may be imposed as provided in section 1-6 of this Code, which penalty shall be recoverable by and in the name of the city by a suit in any court of competent jurisdiction.

(Code 1968, § 39-14)

Charter reference

Authority to regulate crossings, Art. II, § 5.