Loading...
(a) It shall be unlawful for any officers, agents, servants or receivers of any railway corporation to willfully obstruct for more than five minutes at any one time any street, railway crossing or public highway by permitting their train to stand on or across such crossing, except that this section shall not apply to any through train kept in constant forward motion while passing over such street, railway crossing or public highway.
(b) An officer making an arrest for an offense under this section shall prepare in duplicate a citation to appear in court showing the name and address of the individual, the offense charged, and the time and place when and where the individual, the offense charged, and the time and place when and where the individual shall appear in court. The conductor of the train is an agent for the service of the citation. The person served the citation gives a written promise to appear in court by signing the citation in duplicate. The arresting officer shall keep the original, and the person signing shall keep the copy. The officer shall release the person from custody after the person signs the citation.
(c) The hearing must be before a magistrate within the city who has jurisdiction of the offense.
(d) A written promise to appear in court may be complied with by an appearance by counsel.
(1964 Code, § 31-2)
Statutory reference:
Similar provisions, see V.A.C.S., Art. 6701d-5
It shall be the duty of any railway company within the city to construct, at its own cost and expense, safe, suitable and convenient crossings, culverts and bridges where its tracts intersect any public street or thoroughfare in the city, upon being notified in writing by the director of the department of public works so to do. Such notice shall prescribe the time within which such crossings, culverts and bridges shall be constructed, which time shall be as to the director of the department of public works may appear reasonable, equitable and just. In cases of unavoidable delay, and after satisfactory proof of the cause thereof has been made by such railway company, the director of the department of public works may extend the time for making such improvement for such a period as may appear reasonable, equitable and just.
(1964 Code, § 31-5)
The notice provided for in the preceding section shall be served upon the manager, superintendent or agent representing such railway company in the city, or by leaving a copy of the same at the principal office of such company during office hours. Service shall be made by any qualified police officer of the city who shall make his or her return showing the way and manner in which service was had, and such return shall be sufficient proof of service.
(1964 Code, § 31-6)
Loading...