CHAPTER 114:  RAILROADS
Section
   114.01   Crossings in disrepair
   114.02   Obstructing traffic
   114.03   Spotting cars
   114.04   Obstructing view at crossings
   114.05   Drainage
 
   114.99   Penalty
§ 114.01  CROSSINGS IN DISREPAIR.
   (A)   In accordance with the statutes of the State of Nebraska, including Neb. RS 17-143, 17-144, 17-521, 17-551, 17-561 and 74-1336, it shall be the duty of every railroad company, doing business in or traveling through, the city to keep in a suitable and safe condition the crossings and rights-of-way in the city.
   (B)   If any crossing shall at any time fall into disrepair and become unsafe or inconvenient for public travel, the Mayor and Council may, by resolution, call upon the company to make whatever repairs deemed necessary to correct the condition.
   (C)   Notice of the resolution shall be served upon the local agent of the company.
   (D)   In the event the railroad shall fail or neglect to correct the condition within 48 hours, neglect for each 24 hours thereafter shall be deemed a separate offense against the provisions herein.
(1998 Code, § 10-501)
§ 114.02  OBSTRUCTING TRAFFIC.
   Pursuant to the statutes of the State of Nebraska, including Neb. RS 17-551 and 17-552, it shall be unlawful for any railroad company, its employees, agents or servants operating a railroad through the city to obstruct traffic on any public street, except in the event of an emergency, for a longer period at one time than five minutes.
(1998 Code, § 10-502)  Penalty, see § 114.99
§ 114.03  SPOTTING CARS.
   Pursuant to the statutes of the State of Nebraska, including Neb. RS 17-551 and 17-552, it shall be unlawful for any railroad company, its employees, agents or servants operating a railroad through the city to spot cars or to leave the same standing on any switch or service track so that the same obstruct or remain within the limits of any street or within five feet from the boundary thereof.
(1998 Code, § 10-503)  Penalty, see § 114.99
§ 114.04  OBSTRUCTING VIEW AT CROSSINGS.
   Pursuant to the statutes of the State of Nebraska, including Neb. RS 17-551, 17-552 and 74-1323, it shall be unlawful for any railroad company to obstruct or obscure the traveling public’s view by storing or parking any railroad car on a railroad track with 25 feet of the crossing of any railroad track and a public road with the corporate limits of the city; provided, however, in no instance shall any person who is authorized to control the movement of the railroad car or cars within that distance be prevented from reasonably conducting his or her business.
(1998 Code, § 10-504)  Penalty, see § 114.99
§ 114.05  DRAINAGE.
   In accordance with the statutes of the State of Nebraska, including Neb. RS 17-144 and 17-551:
   (A)   Duty of railroad. It shall be the duty of any railroad company, its employees, agents or servants owning, maintaining or operating a railroad within or through the city, to construct and keep in repair at their expense all ditches, drains and culverts along and under its railroad tracks at all places within the limits of the city where the same may be necessary for the escape of water and the proper draining of the territory on either side of the railroad tracks; and
   (B)   Construction and repair.
      (1)   When any drains, ditches or culverts may be necessary for the escape of water and the proper drainage of the territory on either side of any railroad track, the Mayor and Council may, by resolution, call upon the proper railroad company to construct or repair the drain, ditch or culvert and to place the same in proper condition for the escape of water for the proper drainage of the territory on either side of the railroad track.
      (2)   A copy of every resolution shall be served upon the local agent of the railroad company whose duty it is to construct or keep in repair any drain, ditch or culvert; and failure or refusal to comply with any the resolution within 14 days after the service thereof, shall be deemed a violation of this chapter.
(1998 Code, § 10-505)  Penalty, see § 114.99
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