A. Tracks At Grade: All railroad companies and the owners of any railroad track shall raise or lower their railroad track lying within the corporate limits of the city so as to conform to any grade which may at any time be established for any street, alley or highway by ordinance of the mayor and city council. Where the tracks run across or lengthwise of any street, alley or highway, they shall keep their railroad tracks on a level with the surface and keep the streets in good order so that the tracks may be crossed at any place in the street, alley or highway; and where they cross any street, they shall keep the same planked between the rails. All railroad companies and the owner of any railroad track shall make, keep open and keep in repair ditches and side drains, sewers and culverts along and under their railroad tracks so that filthy and stagnant water cannot stand on their grounds or right of way, and in such manner that the natural drainage of the adjacent property shall not be impeded. (1956 Code ch. 27)
B. Obstruction Of Highway At Grade Crossings:
1. Obstruction Prohibited: It is unlawful for a rail carrier to permit any train, railroad car or engine to obstruct public travel at a railroad highway grade crossing for a period in excess of ten (10) minutes, except where such train or railroad car is continuously moving or cannot be moved by reason of circumstances over which the rail carrier has no reasonable control. Under no circumstances will a moving train be stopped for the purposes of issuing a citation related to this subsection. However, no employee acting under the rules or orders of the rail carrier or its supervisory personnel may be prosecuted for a violation of this subsection B1.
2. Punishment For Obstruction Of Grade Crossing: Any rail carrier violating subsection B1 of this section shall be guilty of a petty offense and fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) if the duration of the obstruction is in excess of ten (10) minutes but no longer than fifteen (15) minutes. If the duration of the obstruction exceeds fifteen (15) minutes, the violation shall be a business offense and the following fines shall be imposed: if the duration of the obstruction is in excess of fifteen (15) minutes but no longer than twenty (20) minutes, the fine shall be five hundred dollars ($500.00); if the duration of the obstruction is in excess of twenty (20) minutes but no longer than twenty five (25) minutes, the fine shall be seven hundred dollars ($700.00); if the duration of the obstruction is in excess of twenty five (25) minutes but no longer than thirty (30) minutes, the fine shall be nine hundred dollars ($900.00); if the duration of the obstruction is in excess of thirty (30) minutes but no longer than thirty five (35) minutes, the fine shall be one thousand dollars ($1,000.00) plus an additional five hundred dollars ($500.00) for each five (5) minutes of obstruction in excess of thirty five (35) minutes. (Ord. T-6-02, 9-16-2002)
C. Switches In Streets: No frog, switch rail or any part of a side track or turnout shall be placed in or across any portion of any public street without special permission from the mayor and city council; nor shall what is known as a "running switch" be permitted along or across a public street. (Ch. 27, 1956 Code)