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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)
No person shall enter, hang on or get upon any railroad car or engine or any part thereof, except for the bona fide purpose of obtaining lawful transportation thereon and with the intent to comply with all reasonable rules and regulations prescribed in that behalf by the person or corporation owning or operating the railroad car or engine, without having first obtained permission of the person or corporation owning or operating the same.
(Code 1965, § 23-9)
State law reference(s)—Riding on train unlawfully, G.S. 62-319.
No person shall use the tracks, yards or any other real property of any railroad company as a public highway and no person shall pass through or loiter around any shop, car or depot of any railroad company, except for the bona fide purpose of transacting business with such company or its agents, employees or representatives. This section shall in no wise abridge, limit or affect the right of the public to use the tracks or other property of a railroad company in cases where such tracks or other property are in or upon the streets of the city.
(Code 1965, § 23-10)
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