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SEC. 39-12.   RUNNING SWITCHES.
   (a)   Definition. RUNNING SWITCH, in this section, means the method of changing railroad cars from one track to another track in the process of making or unmaking trains. This method involves bringing the railroad cars to a certain grade, detaching the cars from the railroad engine, and allowing the cars to run to other cars or places on a different track without the control of a brake, a brakeman, an engine, an engineer, or any other person. The term “running switch” is also referred to as “kicking cars.”
   (b)   Running switches. A person commits an offense if he makes a “running switch” across or along any public street or highway within the city.
   (c)   It is a defense to prosecution under Subsection (b) if:
      (1)   a flagman is present at each traffic approach; or
      (2)   any crossing at which a “running switch” is made is equipped with automatic gates. (Ord. 18100)