(a) (1) Every person or company owning or operating a railroad within the limits of the City is hereby required to light his or her or its railroad track at every point where the track crosses any of the streets or public highways of the City.
(2) The lights required herein shall be any reasonable kind of light, other than electric arc lights, and shall be kept burning every night from dusk until daylight in the morning.
(b) If the provisions of division (a) of this section are not complied with within twenty days after the Chief of Police has served notice of such provisions upon the principal agent of a railroad company operating within the City, such company neglecting to comply therewith shall be liable to the City for the expense of such lighting, which the City shall have incurred by causing the lighting to be done, the same to be assessed and recovered in the manner stipulated in division (c) of this section.
(c) If, after twenty days after the service of the notice prescribed in division (b) of this section, any railroad has not erected the light posts and lights required by division (a) of this section, and commenced lighting the same, the Chief of Police shall cause the same to be done at the expense of the City, and the Finance Director shall make out and deliver to such delinquent company a statement of the expense of such lights and light posts and demand payment thereof. If the same is not paid within ten days, the amount shall be certified to the County Auditor, who shall place the same upon the tax duplicate against the company so delinquent, to be collected as other taxes, or, if Council so directs, the same shall be collected by suit in the name of the City. In like manner, if any company fails to have such lights lighted and kept burning as required by division (a) of this section, the Chief of Police shall cause the same to be done at the expense of the City, and the Finance Director shall make quarterly statements of the expenses thereof, which shall be presented and collected as herein provided.
(Ord. 2648. Passed 9-13-99.)