§ 30-404. Railroads and locomotives-regulations pertaining to the blocking of crossings; penalty for violation of section.  


Latest version.
  • (a)

    Definitions.

    (1)

    "Carrier," "railroad," "railroad company" shall mean a common carrier by railroad, or partly by railroad and partly by water, and any receiver or any other individual or body, judicial or otherwise, when in possession of the business of railroad carriers covered by this section excluding street, suburban or interurban electrical railways.

    (2)

    "Train," "cars," "equipment" shall mean engines and any type of equipment or rolling stock capable of blocking any crossing of the railroad tracks and public highways, streets, and roads; and also shall mean any such carried by said railroad whether owned by it or not; and shall likewise mean any equipment of any contractor or other person using said rails with the knowledge, permission or consent of said railroad for which the responsibility of the railroad is hereby established fully as though said equipment was owned and operated by said railroad and its employees.

    (b)

    Blocking of crossings. It shall be unlawful for any railroad company except in emergency, to order, allow, permit, or to so operate its system so that its trains or equipment or any cars and equipment carried by it blocks the crossings of railroad tracks and public streets, roads, and highways of this County for more than a reasonable time; and such railroads shall so operate its system in such manner and with such trains and sufficient crews and facilities so as to avoid unnecessary blocking of such crossings.

    (c)

    Responsibility. Excepting in cases of an emergency, the personnel of such trains or equipment operating or in charge of the same shall be liable for such unreasonable or prohibited blocking of such crossings only when it is due to the sole fault of such personnel. At all other times the railroad company shall be held responsible for all unreasonable or prohibited blockings.

    (d)

    Approach of emergency vehicles. Trains or equipment shall be so cut, separated or so moved, as to clear any crossing of any public road, street or highway in this County upon the approach of any emergency vehicle, which for the purpose of this law shall be: An ambulance operated by public authority or by private persons; a fire engine; or an emergency vehicle operated by power or electric companies; or any other vehicle when operated as an emergency vehicle, defined as one (1) which is engaged in the saving of life, property, or responding to any other public peril; or emergency vehicles used as such by the government of the United States; when upon the approach of such emergency vehicle, such vehicle gives due warning of its approach to such crossing by the sounding of sirens, flashing of lights, waving of flag, or any other warning sufficient to attract attention to such emergency vehicle; and thereupon the said train or equipment shall be cut and said crossing shall be cleared with all possible dispatch to permit the crossing and passing through of said emergency vehicle.

    (e)

    Company responsible for acts of its agents. The railroad company shall be responsible for the acts of its agents and employees, for the violation of this section regulating the period of time when such streets, roads, or highways may be so blocked by such equipment, unless said agents and employees are acting beyond the scope of their authority.

    (f)

    Penalty for violation of this section. It is provided, further, that for each violation of this section a fine of not more than one hundred dollars ($100.00) may be assessed, upon conviction thereof against said company.

(Ord. No. 71-94, § 1, 12-21-71)