(A) The operator of a vehicle shall stop and remain standing at a railroad grade crossing when any of the following conditions exist:
(1) A visible electric or mechanical signal device warns of the immediate approach or passage of a railroad train;
(2) A crossing gate is lowered warning of the immediate approach or passage of a railroad train;
(3) An approaching train is visible and in hazardous proximity; or
(4) A human flagman signals the approach or passage of a train.
(B) In addition to division (A) of this section, a person who holds or is required to hold a CDL as defined in KRS 281a.010 and is driving a commercial motor vehicle shall:
(1) Slow down and check that the railroad tracks are clear of an approaching train;
(2) Stop and remain standing at a railroad grade crossing if the railroad tracks are not clear;
(3) Maintain sufficient space to drive completely through the railroad grade crossing without stopping; and
(4) Negotiate a railroad grade crossing only with sufficient undercarriage clearance.
(C) Whenever the tracks of any railroad or interurban railway over which trains or cars are regularly operated cross a state maintained highway at grade, the city may designate that crossing as "unsafe," and no operator of any vehicle shall cross the crossing without first bringing his or her vehicle to a full stop no closer than a marked stop line or 15 feet, nor more than 30 feet, from the nearest rail of the tracks.
(D) At crossings designated "unsafe," the city shall place and maintain on each side of the tracks on the right side of the highway, at the marked stopping position or if the stopping position is not marked, on the pavement not more than 25 feet in advance of the track an octagonal shape sign of a type and size currently approved for use bearing the word "Stop" in white letters not less than 10 inches in height.
(E) The cabinet shall install the signs described in division (D), within 60 days after the crossing is designated unsafe.
(F) Divisions (C), (D) and (E) shall not apply to grade crossings at which have been constructed and maintained gates, electric warning signals, or other automatic audible signals, or which are protected by watchmen.
(G) The failure to observe divisions (C) to (F) shall not change the liability of any railroad or interurban railway in the trial of any civil case against the railroad or interurban railway for death or injuries to person or property.
(H) If division (G) is declared unconstitutional, then divisions (C) to (H) shall be ineffective.
(KRS 189.560)
(I) When any locomotive or cars propelled by a steam, diesel engine, or any other motive power shall cross a street or alley within the city where the street or alley crosses the railroad at the same level, it shall give timely warning of its approach by the ringing of its bell, or in the case of imminent danger the sounding of its whistle. The provisions of this section shall not apply at crossings where safety gates are provided or a watchperson is stationed, except in the case of eminent danger.
(Ord. 89-22, passed 12-23-89) Penalty, see § 70.99 (A),(M),(HH))