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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.
All cars while standing on spur tracks constructed on a grade shall have their wheels blocked in such a manner that such cars will not descend the grade. When cars are moved for loading or unloading such precautions shall be taken as may be necessary to keep the movement under control at all times.
Upon failure on the part of the holder of a spur track permit to comply with any provision of this Article, written notice of such failure shall be given to the permittee by personal delivery or by registered mail to his last known address. Within 10 days after the posting date or personal delivery date of this notice, the permittee may request and obtain a hearing before the Director of Public Works regarding the compliance failure. If, at the hearing, it is found that failure to comply with the provisions of this Article by the permittee is a fact, or, if no hearing has been requested within the time limit set herein, the permit shall be forfeited forthwith, and the spur tracks shall be removed and pavement restored by the permittee within 90 days after forfeiture.
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