CHAPTER 81
RAILROAD REGULATIONS

 

81.01 Definitions	81.04 Crossing Maintenance
81.02 Warning Signals	81.05 Speed
81.03 Obstructing Streets

 

81.01 DEFINITIONS.

For use in this chapter, the following terms are defined:

1.   “Operator” means any individual, partnership, corporation or other association that owns, operates, drives, or controls a railroad train.

2.   “Railroad train” means an engine or locomotive, with or without cars coupled thereto, operated upon rails.

(Code of Iowa, Sec. 321.1)

81.02 (Repealed by Ord. 1506 – Jan. 16 Supp.)

81.03 OBSTRUCTING STREETS.

Operators shall not operate any train in such a manner as to prevent vehicular use of any highway, street or alley for a period of time in excess of ten (10) minutes except:

(Code of Iowa, Sec. 327G.32)

1.   Comply with Signals. When necessary to comply with signals affecting the safety of the movement of trains.

2.   Avoid Striking. When necessary to avoid striking any object or person on the track.

3.   Disabled. When the train is disabled.

4.   Safety Regulations. When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations.

5.   In Motion. When the train is in motion except while engaged in switching operations.

6.   No Traffic. When there is no vehicular traffic waiting to use the crossing.

An employee is not guilty of a violation of this section if the employee’s action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors. Guilt is then with the railroad corporation. Each 10 minutes that an operator of a railroad train violates this Code section shall be a separate misdemeanor, punishable by a maximum fine allowed by this Code of Ordinances, currently $500.00, as a scheduled violation.

81.04 CROSSING MAINTENANCE.

Operators shall construct and maintain good, sufficient, and safe crossings over any street traversed by their rails.

(Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 973 [1943])

(Code of Iowa, Sec. 364.11)

81.05 SPEED.

It is unlawful to operate any railroad train through any street crossing within the platted areas of the City at a speed greater than thirty-five (35) miles per hour, except when said railroad train is operated on Federal Railroad Administration Classification (FRA), Class Four (4), continuous welded rail and bed, in which case railroad train speed shall not exceed the following maximum speeds:

(Girl vs. United States R. Admin., 194 Iowa 1382, 189 N.W. 834, [1923])

1.   40 miles per hour – coal and grain trains;

2.   55 miles per hour – all other trains.