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)

9-124-160 Track and street repair violations.

   Whenever any person operating any street railroad shall neglect or fail to comply with the provisions of Sections 9-124-130, 9-124-140 or 9-124-150 of this Code, the commissioner of transportation shall cause a notice to be served upon any such person, setting forth in what particular such person is in default, and that the work so referred to shall be completed or constructed in accordance with the terms of the aforesaid sections within five days after the service of such notice.

   Any such person that shall neglect or fail to put his track or part of track, or any portion of the streets mentioned in such notice, in the condition required by Sections 9-124-130, 9-124-140 or 9-124-150 of this Code within five days after the service of such notice, shall be fined not less than $100.00 and not more than $200.00 for each offense. Every day such neglect or failure shall continue after the expiration of such five days shall constitute a separate and distinct offense.

   Any person laying any track in violation of any provision of this chapter where no other penalty is provided or without complying with the terms of any permit issued hereunder shall be fined not less than $100.00 nor more than $200.00 for each offense. Said person shall be further fined $100.00 a day for every day any such track shall remain in any such public way or other public place, where the same shall have been laid without such permit or in violation of the terms thereof.

(Prior code § 188-19; Amend Coun. J. 11-8-12, p. 38872, § 175)

9-124-170 Street sprinkling.

   Every person operating or maintaining a street railroad track located in and along the streets within the city, shall, except as otherwise expressly provided in the respective ordinances under which track has heretofore been or may hereafter be authorized to be laid, keep moistened and sprinkled with water the several streets upon and along which he may operate or maintain his railroad track so that the streets so sprinkled shall be and remain reasonably free from dust under all conditions and circumstances attending such operation.

   A separate and distinct offense shall be deemed to have been committed each and every day on which any such person shall neglect, fail or refuse to comply with any of the provisions of this section.

(Prior code § 188-20)

9-124-180 Removal of street accumulations.

   Every person operating any street railroad track on and along the surface of any public way of the city shall remove all dirt, snow and other accumulations from so much of the surface of the public way as lies between the two outermost rails of such tracks and also from such additional surface in width as may be prescribed in any street railroad ordinance by virtue of which he is operating the street railroad. All such dirt, snow and other accumulations shall be removed entirely from and out of such public way at least once each week and as much oftener as the commissioner of transportation shall in writing direct. Such dirt, snow and other accumulations shall be removed and disposed of in accordance with the provisions of this Code and subject to the rules and regulations of the department of transportation.

   Any person operating a street railroad upon or along the surface of any public way in the city, that shall refuse or neglect to clean any part of a public way as required by this section, shall be fined not less than $50.00 nor more than $200.00 for each offense.

(Prior code § 188-21; Amend Coun. J. 11-8-12, p. 38872, § 176)

9-124-190 Electrical requirements.

   All uninsulated electrical return circuits must be of such current carrying capacity and so arranged that the difference of potential between any two points on the return will not exceed the maximum limit of 12 volts, and between any two points on the return 1,000 feet apart within one mile radius of the city hall will not exceed the limit of one volt, and between any two points on the return 700 feet apart outside of this one mile radius limit will not exceed the limit of one volt. In addition thereto, a proper return conductor system must be so installed and maintained as to protect all metallic work from electrolysis damage.

   The return current amperage on pipes and cable sheaths must not be greater than 0.5 amperes per pound foot for caulked cast iron pipe, 0.8 amperes per pound foot for screwed wrought iron pipe, and 0.16 amperes per pound foot for standard lead or lead alloy sheaths of cables.

   All persons operating street railroads must equip their uninsulated return current systems in the following manner:

      (1)   With insulated pilot wire circuits and voltmeters so that accurate chart records will be obtained daily showing the difference of potential between the negative bus bars in each station and at least four extreme limits on the return circuit in its corresponding feeding district.

      (2)   With recording ammeters, insulated cables and automatic reverse load and overload circuit breakers which will record and limit the maximum amperes drained from all the metallic work, except the regular return feeders, to less than ten percent of the total output of the station.

   The said chart records must be so kept as to be always accessible to city officials.

   Any person failing to comply with the provisions of this section shall be fined not less than $50.00 nor more than $200.00 for each offense. Each day's operation of such equipment contrary to said provisions shall constitute and be regarded as a separate and distinct offense. Provided, that the said section shall not be construed as modifying or extending any express provisions relating to the subject matter thereof contained in any contract ordinance under which such systems are operated.

(Prior code § 188-22)