CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 6. RAILROADS

Whenever in this Code or in any ordinance of the City an act is prohibited or is made or declared to be unlawful, an offense, or a misdemeanor, or whenever in such  Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefore, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court.  Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense.

(Ord. 04-4405; Code 2001, 6-601; Code 2014)

In case any railway company shall fail, neglect or refuse to drain any railway track or tracks in accordance with Section 13-603, or shall fail, neglect or refuse to construct or maintain a suitable railroad crossing as required by Section 13-604, or shall fail, neglect or refuse to pave or macadamize any railway track or tracks in accordance with Section 13-605, or shall fail, neglect or refuse to construct or reconstruct railway  track or tracks so as to make the same conform to the grade of the street established by the city in accordance with Section 13-606 within twenty (20) days after notice in writing to do so has been served upon the agent of said railway company in the city, then such drain or drains, maintenance, paving, macadamizing, repairing or leveling of tracks or crossings may be done by the city, and the cost of such improvement or improvements shall be a lien upon the property of such railway company and may be assessed and taxed against the property of such railway company in the same manner as other taxes are levied.  Such written notice shall be ordered by the city council and shall be signed by the mayor and attested by the city clerk and may be served by any officer of the city.

(Ord. 04-4405; Code 2001, 6-602; Code 2014)

Every railway company which has heretofore or shall hereafter construct a railway track or tracks upon and across any public street in the city shall provide, at the intersection of such tracks with each street, drains sufficient to carry off the water which may run down said street along the gutters thereof, and said railway company shall not obstruct said gutters so as to prevent the flow of water therein.

(Ord. 04-4405; Code 2001, 6-603; Code 2014)

It shall be the duty of every railway company operating any railroad within the city to construct and maintain suitable crossings over the tracks of such railroad at all street crossings to the full width of the street, and said crossings shall be maintained in a passable condition so that vehicles can cross such railroad tracks with ease and facility.

(Ord. 04-4405; Code 2001, 6-604; Code 2014)

It shall be the duty of any railway company whose railroad tracks across any public street of the city to pave between the tracks and between the rails of such railroad, and for a distance of three (3) feet outside of such rails, in such street with the same kind and quality of material with which such street is paved or with such material as may be approved by the city engineer; and on all unpaved streets, it shall be the duty of such railway company to macadamize between the rails of such railroad and for a distance of three (3) feet outside of such rails in any street upon which such railroad is located with good, broken stone to a depth of twelve (12) inches.

(Ord. 04-4405; Code 2001, 6-605; Code 2014)

Every railway company which has heretofore or shall hereafter construct a railway track or tracks upon, across or along any public street in the city shall construct or reconstruct said track or tracks so as to make the top of the rails the same level with the grade of the street established by the city.

(Ord. 04-4405; Code 2001, 6-606; Code 2014)