(a) Every railroad whose tracks shall cross any street, alley or highway, shall install and maintain, on each side of the tracks, gates that shall provide protection against injury to persons and property at such crossings. Each such pair of gates shall at all times open and close simultaneously. Such gates shall be operated day and night.
(b) Nothing contained in this section shall be construed to require the construction or maintenance of such gates at any crossing provided with a subway or viaduct of such a nature that the public is not required to cross the tracks at grade.
(c) Every gate, guard, viaduct, subway and the approaches thereto, or other protection connected with or adjacent to any railroad in the village, shall be installed at the sole cost and expense of the railroad company, under the supervision of the village board of trustees or its agent and shall thereafter be kept and maintained by such railroad in proper repair and condition at its own cost and expense and without cost or expense to the village.
(1929 Code, § 700)