(A) The Council may direct, control, and prohibit the laying of railroad tracks and switches in public streets and alleys. All railroad tracks, crossings, and bridges shall be constructed so as not to interfere with drainage patterns, or with the ordinary travel and use of the public streets and alleys.
(B) The costs of constructing, reconstructing, and improving public streets and alleys, including the widening thereof, within areas covered by railroad cross-ties, including cross timbers, shall be borne equally by the town and the railroad company. The costs of maintaining, and repairing, such areas after construction shall be borne by the railroad company.
(C) For those grade crossings listed in Appendix A, § 101 of this code, which is hereby made a part of this section, the railroad operating trains or locomotives, or rolling stock of any kind over the same, shall maintain, at all times, suitable crossing gates, which shall be closed when any train, locomotive, or other rolling stock is passing over, or approaching, near to the crossing for the purpose of passing over the same. In lieu of the foregoing, the railroad may install and maintain highway grade crossing automatic flashing light signals with, or without, short arm gates. The costs of installing, and maintaining, safety devices shall be apportioned between the town and the railroad company, as provided in G.S. § 160A-298(c).
(D) For those grade crossings listed in Appendix A, § 102 of this code, which is hereby made a part of this section, the railroad operating trains, locomotives, or rolling stock of any kind over the same shall either:
(1) Give timely warning of the approach of each train, locomotive, or other rolling stock, by a crossing watchman then on duty; or
(2) Cause each train, locomotive, or other rolling stock to be brought to a stop before entering onto the crossing, and to be preceded by a flagman on foot who shall give timely warning that it is about to enter upon the crossing.
(E) (1) For those grade crossings listed in Appendix A, § 103 of this code, which is hereby made a part of this section, the railroad operating trains, locomotives, or other rolling stock of any kind over the same shall do one of the following:
(a) Give timely warning of the approach of each train, locomotive, or other rolling stock by a crossing watchman then on duty;
(b) Cause each train, locomotive, or other rolling stock to be brought to a stop before entering on such crossing, and to be preceded by a flagman on foot who shall give timely warning that it is about to enter upon the crossing; or
(c) Install and maintain highway grade crossing automatic flashing light signals with, or without, short arm gates.
(2) The costs of installing, and maintaining, safety devices shall be apportioned between the town and the railroad company, as provided in G.S. § 160A-298(c).
(Code 1976, § 5.29)