9-124-080 Drains on railroad structures.

   Every person, owning any elevated structure within the city, upon, along or over which trains or cars are propelled by steam, electricity or any motive power whatsoever, shall provide and maintain at his own expense, at all of his station buildings and platforms located over any of the public ways or other public places of the city, and over all intersections of elevated structures with public ways, suitable and practicable devices and equipment so arranged as to intercept and promptly carry off stormwater and drippings from melting snow or from any other cause.

(Prior code § 188-11)

9-124-090 Penalty.

   Except where some other penalty is specifically provided, any person who shall violate any provision of that part of this chapter dealing with general requirements, shall be subject to a fine of not less than $5.00 nor more than $100.00 for each offense.

(Prior code § 188-12)

ARTICLE II. STREET RAILROADS (9-124-100 et seq.)

9-124-100 Scope of regulations.

   Nothing contained in this part of this chapter dealing with street railroads or any order of the city council passed in pursuance thereof shall affect or prejudice in any way the rights of the city or its legal representatives, or the State's Attorney of Cook County, in any pending or future litigation concerning the respective rights of the city or the owners or lessees of any street railroad in any of the streets of the city under any statute or ordinance heretofore enacted or passed, nor shall any section of this part of this chapter dealing with street railroads be construed or understood as extending or enlarging in any way any rights which the owners or lessees of any such street railroad may now possess in the public ways of the city.

(Prior code § 188-13)

9-124-110 Laying track.

   No person shall lay any street railroad track in or upon any of the public ways or other public places within the city, without first procuring a permit therefor, in writing, from the commissioner of transportation.

   Such permit shall be issued by the commissioner of transportation in accordance with the terms of the respective ordinances under which such track may be authorized to be laid, and in accordance with the provisions of this Code applicable thereto, and shall specify in full the terms and conditions under which the same shall be constructed. The department of transportation shall inspect and supervise the said construction sufficiently to ascertain whether such terms and conditions are in fact complied with. All work thereunder shall be superintended by the department of transportation.

   For every such permit there shall be paid to the city the cost of issuing the same and the expense of superintendence of such construction under such permit. The cost of such issuance and superintendence shall be computed and fixed by said commissioner.

(Prior code § 188-14; Amend Coun. J. 11-8-12, p. 38872, § 172)

9-124-120 Gauge of track.

   The gauge of all street railroads in the city now laid or hereafter to be laid is hereby fixed at four feet, eight and one-half inches, except on curves, where the gauge may be increased to not exceeding four feet and nine inches.

(Prior code § 188-15)

9-124-130 Construction of rails.

   On all public ways, bridges, viaducts or other public places of the city which are or shall hereafter be improved with granite, asphalt, macadam, brick, cedar block, creosoted block, or other artificial pavement of a permanent character, all street railroad rails which shall be laid shall be grooved rails as shown on the following profile of a section taken crosswise of the rail, and marked Exhibit 9-124-130, and in accordance with the following specifications:

   The guard shall be three-fourths of an inch wide; the groove shall be one and three-fourths inches wide; the centerline of the web shall pass through a point nine-sixteenths of an inch from the gauge line; the tread of the rail shall be two and three-fourths inches wide on the horizontal, and two inches from the gauge line back to the point of bevel; the bevel shall be three-fourths of an inch wide on the horizontal and the intersection of the beveled line with the back of the head of the rail shall be at a point five-sixteenths of an inch below the top horizontal base line; the total width of the head of the rail shall be two and three-fourths inches and the total width of rail five and one-fourth inches on the horizontal; the top surface of the tread of the rail shall be at an angle with the top horizontal base line one degree and 30 minutes, and the intersection of the two lines shall be at a point on the head of the rail one and three-eighths inches from the gauge line. The depth of the groove shall be one and one-fourth inches and the guard shall be one-fourth of an inch thick, and the base of the rail shall be not less than one-half of an inch thick, and the base of the rail shall not be less than six inches wide. The height of the rail shall be nine inches measured from the top horizontal base line to the bottom of the base of the rail. The weight of the rail shall be not less than 129 pounds per linear yard.

   In all cases where any public way, bridge, viaduct or other public place of the city is improved or shall hereafter be improved with granite, asphalt, macadam, brick, cedar block, creosoted block or other artificial pavement of a permanent character, any person owning, operating, controlling or leasing any street railroad track thereon, the rails in use upon which said street railroad track are of any pattern other than that known as the grooved rail pattern and referred to in this section, shall, within 30 days after notice from the commissioner of transportation, remove such rails and replace them with grooved rails of the pattern referred to herein. It shall be the duty of the commissioner of transportation to give such notice to any person at such time before the completion of the work under the contract for such improvement as in the discretion of such commissioner may seem best.

   The mode of laying said rails so as to carry out the provisions of this section and the form of the rail so laid shall be under the supervision and subject to the approval of the commissioner of transportation. Provided, however, that nothing herein contained shall be construed as superseding or repealing any of the provisions contained in the respective contract ordinances under which persons operating such street railroads in the city are or may hereafter be operating such street railroads.

(Prior code § 188-16; Amend Coun. J. 11-8-12, p. 38872, § 173)

Exhibit 9-124-130

9-124-140 Track not to obstruct traffic.

   Every person operating a street railroad in the city shall keep the track of his road in such a condition that such track shall not at any time be elevated above the surface of the streets on which it is laid, and so that vehicles can easily and freely at all times cross such track at all points in any direction, without obstruction.

(Prior code § 188-17)

9-124-150 Repair of streets.

   Any person owning or operating a street railroad in the city shall keep in good repair such portions of the streets as he agreed or may agree with said city to keep in good repair.

   Whenever any person owning or operating any street railway track in, upon, along or across any of the public ways or other public places within the city, shall be required to pave or repave any part of any public way, or shall proceed to pave or repave any part of any such public way, it shall be unlawful for any such person to lay down or place any pavement or other material across the top of any sewer, manhole, or other opening necessary to reach such sewer. If in the performance of such work it shall be necessary or desirable to raise the grade of such pavement or of such street, it shall be the duty of the person doing such work to bring the top of such sewer, manhole, or other opening, up to the level of the new grade thus established, so that the top of the cover of such manhole or other opening shall be flush and level with the surface of such pavement when completed.

   The commissioner of transportation shall see that the provisions of this section are complied with, and shall require all employees of the department of transformation to report to said commissioner all cases that come to their knowledge of any neglect or failure of any such person to comply.

(Prior code § 188-18; Amend Coun. J. 11-8-12, p. 38872, § 174)