Chapter 13.32


13.32.010    Purpose of provisions.

13.32.020    Inspections of equipment – Notices to correct.

13.32.030    Approval of board of public works.

13.32.040    Chapter additional to other provisions.

13.32.050    Violation – Penalty.

13.32.010 Purpose of provisions.

The condition of the streets and alleys in the city, being a matter of public concern for the safety of all users of the streets, requires that all railway companies having and using tracks upon or across the streets, alleys, sidewalks, or crosswalks keep the tracks and rights-of-way in a safe condition for other users of the streets, alleys, and sidewalks, and crosswalks. [Code 1980 at § 11.24.010].

13.32.020 Inspections of equipment – Notices to correct.

The board of public works and the city engineer are authorized and directed to make periodic inspections of all the tracks and frogs and switches of all of the railway companies lying in, on, or across any public street, alley, sidewalk, or crosswalk, whether or not the same is laid or exists therein pursuant to ordinance, franchise and, if such inspection discloses a condition to exist within any such street, alley, or public way that creates or is a hazard to other lawful users of the street, alley, sidewalk, or crosswalk, the board of public works shall direct by registered mail to the local agent of the railway company operating or controlling the tract or right-of-way, a notice describing the condition and hazard with reasonable certainty, and direct that the same shall be repaired or placed in a state of reasonable repair within 30 days from the date of receipt of the notice. If the repairs are not made or actually commenced within the 30-day period, the board of public works shall deliver a notice in writing to the local agent of the railway company directing that the streets and alleys containing the hazardous condition not be used for railway purposes, and that no train or railway equipment be moved across or along the street after the service of notice personally on the agent until after repairs have been completed. [Code 1980 at § 11.24.020].

13.32.030 Approval of board of public works.

All repairs, replacements, and alterations on, over, or across any of the streets, alleys, sidewalks, or crosswalks of the city shall be done in accordance with a plan reasonably describing such repairs, replacements, or alterations, furnished by the railway company operating the tracks, frogs, switches and facilities, to the city engineer, and shall not be commenced until the written approval of the board of public works has first been secured. [Code 1980 at § 11.24.030].

13.32.040 Chapter additional to other provisions.

This chapter is in addition to any and all other ordinances heretofore passed and now in force and effect in the city relating to railways and their operation in the city, and is enacted solely for the welfare, protection, and safety of persons using the public streets, alleys, sidewalks, and crosswalks within the city under the police power of the city. [Code 1980 at § 11.24.040].

13.32.050 Violation – Penalty.

Any person, firm, or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and shall be subject to a fine of not more than $1,000, and each day of violation shall be a separate offense. [Ord. 2013-09-073 § 23; Code 1980 at § 11.24.050].