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Every person, firm or corporation operating, maintaining or using any spur tracks, shall maintain them and their adjacent pavements between the rails and for two feet each side thereof and between such tracks, if there be more than one, as may be located 15 feet or less apart center line to center line as hereinafter provided, in good repair, flush with the surface of the pavement of existing roadway, so that said tracks will be no obstruction to vehicles, and to the satisfaction of the Department of Public Works, except where said tracks are in separate ownership, in which case the cost of maintenance shall be equally divided. In case said spur tracks or their adjacent pavements become out of repair, the person, firm or corporation, or persons, firms or corporations operating, maintaining or using said tracks, shall repair the same to the satisfaction of the Department of Public Works, within 30 days after service of notice to do so by the Department of Public Works. All permits for laying spur tracks shall contain the condition specified in this Section.
No permit shall hereafter be granted for spur tracks on any public street in the City and County of San Francisco except upon condition that all persons, firms or corporations owning or using property fronting thereon, or owning or using other tracks connecting therewith, shall have the right to use said tracks upon paying a proportionate share of the cost of the construction, maintenance and repair of said tracks and their adjacent pavements, unless upon other terms mutually agreed upon with the person, firm or corporation to whom the permit is granted, it being understood that cars loaded with perishable products shall have the right-of-way if necessary.
The railway operating any spur track on any public street or property hereafter constructed in the City and County shall, upon demand of the person, firm or corporation for the use or benefit of which such spur track is operated, place upon such spur track the freight cars of any railway which has, in this City and County, track connection with the operating railway; such cars so placed to be used for the receipt and delivery of freight in carloads only. And the operating railway shall receive and deliver the cars of the connecting railway over, at and upon such connecting track in the performance of such switching services for such persons, firms or corporations and such railway shall perform such service without undue delay or discrimination. The operating railway shall perform such service for the same charge or rate that it charges for corresponding service for its own cars upon the spur track for like purpose. The provisions of this Section shall apply only to such portions of such spur tracks as are not constructed, maintained or operated upon or across private land, and no permit for a spur track shall hereafter be granted which does not specifically contain the provisions and conditions of this Section. Any provisions of this Section in conflict with state and federal laws shall not apply.
No runway or platform or mechanical device shall be extended from any car on a spur track to or across any sidewalk, except during the time such runway or platform or mechanical device is being prepared for use or is actually being used for the loading or unloading of freight from said car or being dismantled.
All cars standing on spur tracks on any public street shall be unloaded and/or loaded within 72 hours after being delivered on said tracks, Sundays and holidays excepted, except in case of unavoidable delay. The failure of any person, firm or corporation to unload and/or load said car within said time shall subject such person, firm or corporation to a fine of $10 which fine shall be paid into the City Treasury, and the permit of such person, firm or corporation to use such tracks shall be suspended until said fine is paid.
No freight car shall be allowed to stand on any spur track during the hours of darkness in any part of any public street, either singly or at the end of a number of connected cars, facing any oncoming traffic which may use or approach such street, unless at all such times such car is equipped with one or more red reflectors on the end thereof facing such traffic or suitable illuminating devices are so placed in the vicinity that they will delineate the extent of the obstruction.
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