(A) It shall be unlawful for any person owning, controlling, using or having in charge any railway, railway switch or sidetrack to maintain and operate the same in any street, alley or common of this city, unless such railway switch or sidetrack is kept continually in a state of good repair, by being well and properly ballasted in the center of the roadbed to a level of the iron or steel rails, with rock, gravel or wood, and by grading the same with suitable material so as to prevent no difficulty or obstacle to the free and easy use of such street, alley or common by vehicles in traveling upon or across the same, and without constructing suitable or efficient sewers or culverts to insure thorough drainage at such places on such streets and alleys as may be indicated by the City Council. The Council may except from the operation of this section such particular places or localities in the city as, in its judgment, will not conflict with the public interest and convenience.
(B) The section boss or roadmaster, receiver or owner, or contractor of any particular portion of the railway, switch or sidetrack, whose duty it is to keep the same in repair and good condition, shall be entitled to 30 days' verbal or written notice from the Chief of Police or other authority of the city to comply with the provisions of this section as to any particular street, alley or common or any particular part thereof. After such notice duly served, every day's violation of this section shall be construed as a separate and distinct offense and the party offending shall, upon conviction thereof, be fined as provided in § 10.99.
('68 Code, § 24-2) Penalty, see § 10.99