553.04 RAILROAD GRADE CROSSING CONSTRUCTION AND MAINTENANCE REQUIREMENTS.

   (a)   The owner or operator of every railroad track or railroad spur which intersects, at grade, a public street in the City, shall be and hereby is required to do the following:

      (1)   Install and maintain a good smooth and level crossing at the intersection. The crossing shall be paved with wood ties and/or steel rails, in combination with asphalt or concrete, or with steel plates or other suitable and durable materials approved by the Public Works Director. The crossing shall be constructed so that its width extends at least 2 feet beyond the paved portion on each side of the intersected street, and so that its length extends the full width of the railroad right-of-way. When more than one track intersects a street and the nearest rails of the track are less than 15 feet apart, the paving or material herein required shall extend between the tracks as well as between the rails and 2 feet outside the outermost rails;

      (2)   Maintain each crossing across the entire width of the intersecting roadway so as to be safely passable by motor vehicles;

      (3)   Maintain each crossing so that it is level, smooth, secure and even across the entire width of the intersecting roadway and free from potholes, protruding bolts and spikes, uneven, broken or displaced timbers, raised rails, debris or other defects;

      (4)   Maintain each crossing so that no portion of it shall be permitted to deflect or displace vertically more than one-half inch when crossed by a legally loaded motor vehicle designed for highway use.

   (b)   The Public Works Director, upon determining that a rail crossing is deficient of the standards set forth herein, shall notify in writing the owner or operator of the railroad track or spur that the crossing is in need of construction, rebuilding or repair. The notice shall fully describe the work to be done and shall state the consequences of failure to comply. Upon receipt of the notice, the owner or operator shall commence construction, repair or rebuilding of said specified crossing within 30 days and shall prosecute it in good faith until completion.

   (c)   Whoever violates this section is guilty of a minor misdemeanor. Each day of any violation of the provisions of this section shall be punishable as a separate offense.

(Ord. 02-044. Passed 3-19-02.)