(A) At every point where the tracks or switches of a railroad company cross any unpaved public thoroughfare or street, it shall be the duty of the railroad company to construct proper crossings and approaches thereto on such a grade that it shall not exceed 2%, and under the direction and in accordance with plans and surveys made by the City Engineer if so required by Council. Each of the crossings shall be covered the full width of the street between curb lines and for ten feet on each side of the tracks with crushed stone of such strength and size (not to exceed stone that will pass through a two- inch ring) as may be required by the City Engineer, to a depth of at least 12 inches, but the City Engineer may, if conditions warrant it, allow a less depth of crushed stone down to six inches deep and a base of coarser stone.
(B) The stone filling shall continue to the entire distance on each side of the railroad tracks to which the original grade of the street was disturbed in arriving at the new grade for the crossing, in the event the street was disturbed for a greater length than the ten feet on each side of the track. At all points for one foot on the outside of each rail and the entire space between the rails, the entire width of the railway between the curbs and the ties shall be covered with substantial boards not less than two and one-half inches thick and not less than six inches wide, except where a narrower board is necessary to fill out some crack less than six inches wide; and in the event that there is more than one track on each of such street crossings, then the whole space between each set of tracks shall be constructed of boards in the same manner herein provided for the space between the rails. In the event the rails of the company run parallel with the street and along any part thereof, the ties between the rails and the space for 18 inches on either side of any rail shall be covered with boards of the size and construction prescribed for crossings.
(C) All such board filling at crossings and along public streets occupied by the railroad tracks shall be kept in good repair and condition, securely spiked down at all times, and no rotten boards, loose ends or split and damaged boards shall be permitted which in the judgment of the City Engineer might cause an injury to any animal, vehicle or person traveling along or across the tracks on the public street.
(D) Whenever any street is paved by the city up to a line parallel with the property line of the railroad company’s right-of-way on both sides of any railroad crossing, it shall be the duty of the railroad company forthwith to proceed to pave this crossing the entire distance of its right-of-way with the same materials and in the same manner that the rest of the street on either side of the crossing is paved or with other materials to be approved by the City Engineer.
(E) It shall be unlawful for any railroad company to delay the completion of such work for a longer time than 20 days after the completion of the paving on both sides of the crossing, such paving to be done according to plans and specifications and on grades to be approved by the City Engineer and Council. Council may require any well recognized and reasonable special construction guards or other devices, along the rails to provide a smooth passage thereover for vehicles using the crossing. The railroad company shall also keep the paving on the crossing in good repair and condition at all times.
(Prior Code, § 541.04) Penalty, see § 74.99