Chapter 14.24 — RAILROADS OBSTRUCTING STREETS

No person shall allow any locomotive engine, railroad train, electric train, car or cars or other vehicle operated by steam or electricity on railroad tracks to stand on any street crossing for a greater length of time than five (5) minutes, or to remain standing on any track, sidewalk or switch located on or along any public street or other public place for a greater length of time than twenty (20) minutes; provided, however, that freight cars may be permitted to stand on sidetracks and switches for the purpose of unloading building materials and materials for street improvement upon obtaining a written permit from the Director of Public Service so to do; and provided further, that freight cars may be permitted to stand on sidetracks and switches in front of and immediately contiguous to freight depots then being used as such and on commercial sidetracks constructed for, and in use by, business enterprises.

(Prior code § 7534.3)

No person shall load, unload, discharge or deposit upon or along the line of any railroad or along any public street or other public place any manure, offal or other offensive or nauseous substance or allow any car or wagon having therein or thereupon any such substances to remain or stand upon or along any railroad or upon or along any public street or other public place.

(Prior code § 7534.4)

No person shall expel, discharge or blow off any steam or other mist forming vapor from any locomotive engine into, upon, along or across any public street.

(Prior code § 7534.5)

No person shall allow the ringing of engine bells and the blowing of engine whistles when not in motion and unnecessarily.

(Prior code § 7534.6)

No person shall switch any freight car or freight cars except between the hours of 7:00 a.m. and 11:00 a.m. of any day; provided, that the provisions of this Section shall not apply to the switching of freight cars in any industrial district.

(Prior code § 7534.7)

Whenever, in the opinion of the Council, the public safety or welfare may require the stationing of flagmen or the placing of automatic warning signals or signal bells in, at or upon any street or streets crossed by the tracks of any railroad company or companies, the Council may adopt a resolution of necessity finding and determining that the public safety and welfare so require the stationing of such flagmen or the placing of

such automatic warning signals or signal bells designating the streets crossed by the tracks of the railroad company or companies and in, at or which the flagmen are to be stationed or the automatic warning signals or signal bells are to be placed, naming the railroad company or companies the tracks of which cross the streets mentioned, describing generally the number, type and location of automatic warning signals or signal bells to be placed or the number of flagmen to be stationed at each such crossing and the hours during which the flagmen shall be maintained, and fixing a day and hour not less than fifteen (15) days from the date of the adoption of the resolution at which the railroad company or companies may appear before the Council and show cause why the Council should not order the stationing of the flagmen or the placing of the automatic warning signals or signal bells. Any number of streets and any number of railroad companies may be included in the same resolution.

(Prior code § 7534.8)

A certified copy of the resolution of necessity shall be served upon each of the railroad companies named therein in the same manner as the service of a summons, at least five (5) days prior to the date set therein at which the railroad company or companies may appear and show cause.

(Prior code § 7534.9)

At the day and hour mentioned in the resolution of necessity, the railroad company or companies may appear before the Council and show cause, if they have any, why the Council should not order the stationing of flagmen or the placing of automatic warning signals or signal bells as described in the resolution of necessity. At such time the Council shall hear the railroad company or companies and all persons interested therein.

(Prior code § 7534.10)

If upon the hearing provided for in the resolution of necessity, or at any time to which the same may be continued, the Council finds and determines, by order entered upon its minutes, that the cause shown by the railroad company or companies, or any persons interested therein, if any, is not sufficient and that the stationing of the flagmen or the placing of the automatic warning signals or signal bells or any part thereof should be ordered, then, at any time within ninety (90) days thereafter, the Council may adopt a resolution ordering the railroad company or companies named in the resolution of necessity to station flagmen or place automatic warning signals or signal bells or any part thereof at the street crossings in accordance with the requirements of the resolution of necessity.

(Prior code § 7534.11)

A certified copy of the resolution ordering shall be served upon each of the railroad companies named in the resolution of necessity in the same manner as the service of a summons, and thereafter the railroad

company or companies shall station the flagmen within fifteen (15) days after the service of the certified copy of the resolution ordering, or shall commence, within the fifteen (15) days, and thereafter diligently prosecute to completion, the placing of the automatic warning signals or signal bells, as the case may be.

(Prior code § 7534.12)