A. Permission Required To Lay Tracks: It shall be unlawful for any person to lay on or across any street, alley or public place in the Town any railroad track without first obtaining permission from the Town Council.
B. Conformity With Street Grades Required:
1. When any street or highway in the Town is to be built and improved to an established grade, then any person owning, constructing, maintaining or operating any street railway over, across or along any street or highway in the Town shall conform all railway tracks, including switches, turnouts, spur tracks and crossovers to the established grade.
2. Whenever a contract shall be let for the building and improvement of any street or highway in the Town to an established grade and any street railway track established grade, then the Town shall notify, in writing, the person owning or maintaining the tracks that the work necessary to conform the tracks to an established grade shall be commenced within fifteen (15) days after the service of the notice and complete as soon as reasonably possible.
3. Whenever a contract has been let for the building and improvement of any street or highway in the Town to an established grade, and any street car tracks running over, across or along the street do not conform to the established grade, the Town Engineer, upon request, shall furnish a grade and also, the lines of the street occupied by the tracks to the person maintaining the tracks.
4. All railroads operating in the Town and having or using a railroad crossing in the Town are hereby required to maintain the street crossing grade so as not to impede traffic or adversely affect traffic.
C. Permission Required To Change Track Elevation On Highway: It shall be unlawful for any railroad operating through, along, upon and across any public highway in the Town at grade to either raise or lower the rails of the railroad at the point where the railroad intersects any highway without first procuring from the Town Council permission to do so in writing.
D. Removing Tracks In Violation:
1. Upon the direction from the Mayor or the Town Council, the Road Department shall tear out any railroad track so laid in violation of the provisions of this chapter, and remove the same from any street, alley or public place on which it is found or has been laid.
2. The Road Department shall keep an itemized account for the expense incurred by him or her in the tearing up and removal of tracks, and he/she shall thereupon institute suit against the offending person for the recovery of the expense.
E. Materials To Be Used: It shall be the duty of all railroads or railroad companies operating a line of railroads through the Town to erect and construct all street crossings over which their railroad crosses, with asphalt, concrete slabs or other materials specified by the Town for the full width of their right-of-way. (Ord. 07-01, 1-11-2007)