(a) Companies operating a railroad in the City shall build and keep in repair good and sufficient crossings over or approaches to such railroad, its tracks, sidetracks and switches, at all points where a public highway, street, lane, avenue, alley, road or pike is intersected by such railroad, its tracks, sidetracks or switches. Such responsibility shall include the full width of the right of way owned, claimed or occupied by the railroad.
(b) Construction, maintenance or repair of crossings shall be not less than standards established in subsection (c) hereof.
(c) There shall be no holes wider than two inches nor more than three inches deeper than the public highway, street, lane, avenue, alley, road or pike within the City. There shall be no obstructions extending more than one inch above the existing public highway, street, lane, avenue, alley, road or pike. The approach grade to any railroad crossings shall not differ from the existing public highway, street, lane, avenue, alley, road or pike grade by more than three percent (3%). However, any crossing existing with a grade change in excess of three percent (3%) at the time of the adoption of this section shall be granted status as a legal nonconforming condition, provided the grade change is not made more severe and such condition is corrected within two years of the enactment of this section.
(d) The Director of Administration, or his designated representative shall notify such railroad officials as are responsible for the care and maintenance of street crossings, of violation of standards set forth in subsection (c) hereof. The railroad official shall be given a minimum of twelve hours to effect the necessary repairs, maintenance or construction unless the preservation of public safety shall require a lesser period of time. Actual time limits shall be designated by the Director of Administration. However, nothing contained herein shall in any way reduce the railroad’s responsibility or liability under other laws or applicable regulations.
(e) Failure to comply with orders issued in accordance with subsection (d) hereof shall constitute a misdemeanor of the fourth degree. Each succeeding day the railroad has not complied with orders shall constitute a separate violation.
(Ord. 3536. Passed 9-22-81.)