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(a) If, upon report of the traffic engineer or from other satisfactory evidence, the city council is convinced that the public safety requires that any railroad company should repair any of its bridges or culverts in any street in the city or should construct new bridges or culverts therein, the council shall cause written notice of 30 days to be given such company to this effect and order such work to be done at once under the supervision and direction of the city engineer, and such work shall be done at once, after the expiration of such notice, under the supervision and direction of the city engineer.
(b) No railroad company shall build or repair any bridge or culvert in any street in the city except after notice to do so, as provided for in subsection (a) of this section, and then only under the direction of the traffic engineer.
(Code 1965, § 23-1)
Any railroad company that desires to lay or construct any railroad track in, on, along or across any street, lane, alley or other public highway of the city shall, before beginning such work, make application in writing to the city council for permission to do such work, in which application shall be shown the streets, lanes, alleys, squares, public highways or portions thereof which the company desires to use and to what width and at what grade. No such work shall be done until such permission is granted.
(Code 1965, § 23-2)
All railroad companies maintaining tracks in, along or across any of the streets of the city shall at all times keep such tracks and a space immediately outside of each rail and next thereto 24 inches wide in good condition and shall maintain their rails level with the surface of the street and in such condition with reference thereto as to render the crossing of the rails by pedestrians and vehicles easy, convenient and safe.
(Code 1965, § 23-3)
State law reference(s)—Defective crossings, G.S. 62-224.
(a) All railroad companies with tracks crossing any street in the city shall maintain vertical arm gates of such pattern and kind as may be satisfactory to the city council at such crossings or keep flagmen stationed at such crossings, in order to give timely warning to the public of the approach or passing of any engine, car or train, and shall take all other precautions that may be necessary to protect the public from danger at such crossings.
(b) In lieu of the arm gates or flagmen required by subsection (a) of this section, the Southern Railway Company is hereby authorized to install and operate flashing light crossing signals, including bells, at the crossing at Biltmore and at the Haywood Street and Lyman Street crossings.
(Code 1965, § 23-4)
It shall be the duty of every railroad company maintaining an arm gate at any crossing to provide for the closing of the gate at the approach of engines or trains and to have the gate immediately opened when the engine or train has passed, so as to interfere as little as possible with public travel over the crossing.
(Code 1965, § 23-5)
No conductor, engineer or other employee of any railroad company having tracks running across the public streets of the city shall obstruct the streets with any engine, car or train or prevent the free passage of vehicles and pedestrians, longer than 12 minutes at one time.
(Code 1965, § 23-6)
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