§ 76.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

RAILROAD. A carrier of persons or property upon cars operated upon stationary rails.

RAILROAD TRAIN. A steam engine, diesel, electric, or other motor with or without cars coupled thereto, operated upon rails.

(Prior Code, § 16-101)

§ 76.02 RAILROAD TRAINS, SPEED RESTRICTIONS.

(A) Every railroad train operating within the limits of the town shall be operated at a careful and prudent speed, having due regard to the traffic at roads, streets, and highways crossing the railroad and other conditions then and there existing.

(B) Except when a special hazard exists that requires lower speed for compliance with division (A) above, no person shall operate, or cause to be operated, any railroad train within the limits of the town at a speed greater than a maximum of 35 mph.

(Prior Code, § 16-102)

§ 76.03 SIGNALS AT CROSSINGS.

Every railroad train operating within the limits of the town shall give a warning by a loud bell, steam whistle, or horn at the distance of at least 80 rods from the place where the railroad shall cross any road, street, or highway.

(Prior Code, § 16-103)

§ 76.04 OBSTRUCTING TRAFFIC AT CROSSINGS.

(A) It is unlawful for any person, firm, corporation, or company operating any railroad within the limits of the town to cause or permit any railroad train or railroad cars to impede or obstruct the free passage of traffic by motor vehicles or pedestrians at any place where the railroad shall cross any road, street, or highway for a continuous period in excess of ten minutes.

(B) This prohibition shall not apply in case of engine failure or train accidents within the limits of the town.

(Prior Code, § 16-104) Penalty, see § 76.99

§ 76.05 RAILROADS TO IMPROVE STREETS AND ALLEYS.

(A) When a railway occupies any portion of a street with its tracks running in a general direction of such street, either on or adjacent thereto, the railway company shall improve the space between its tracks and two feet on either side thereof in the same manner that the remainder of the street is to be, or has been, improved, or with such other satisfactory material as the Board of Trustees by motion or resolution may approve. In case any railway company shall occupy an alley with its track or tracks, such company shall improve, gutter, drain, and grade such alley, and shall surface or pave it with the same material which is to be, or has been, used on the alley, or with such other satisfactory material as the Board of Trustees by motion or resolution may approve.

(B) When the tracks of any railroad company cross any street that is being or has been paved, the company shall pave as much of the street as is occupied by its track or tracks and two feet on each side, using the same material as is to be, or has been, used on the street, or such other satisfactory material as the Board of Trustees by motion or resolution may approve.

(C) When more than one track crosses a street within a distance of 100 feet, measuring from inside rail to inside rail, the railroad company shall grade, gutter, drain, and curb the street area between its tracks, and surface or pave it with the same material which the town is to use or has used, on the street. Railroad companies shall keep all such improvements made by them in a good state of repair at all times.

(Prior Code, § 16-105)

§ 76.06 SIDEWALKS TO BE CONSTRUCTED BY RAILROADS.

Railway companies shall construct sidewalks crossing their rights-of-way, using the same material as is used in adjacent sidewalks insofar as this is practicable under the circumstances. They shall construct sidewalks on both sides of the streets when both sides are used by pedestrians. The company shall keep such sidewalks in a good state of repair at all times.

(Prior Code, § 16-106)

§ 76.07 CLIMBING ON TRAINS.

It is unlawful for any person to climb upon, hold to, or in any manner attach himself or herself to, any railway train, locomotive, or railway car, while such is in motion within the town, unless such person is acting in line of duty; or to board any train or railroad car (passenger, freight, or other) except with a proper ticket or the permission of the person in charge of the train or car or in line of duty.

(Prior Code, § 16-107) Penalty, see § 76.99

§ 76.08 PARKING OF RAILROAD CARS NEAR CROSSINGS.

No railroad cars, whether loaded or unloaded, may be parked within 50 feet of any crossing within the town limits.

(Prior Code, § 16-108) Penalty, see § 76.99

§ 76.99 PENALTY.

Any person, firm, or corporation who shall violate any provision of this chapter by doing any act prohibited or declared to be unlawful thereby, or declared to be an offense or misdemeanor thereby, or who shall fail to do any act required by any such provision, or who shall fail to do any act such provision declares such failure to be unlawful or to be an offense or misdemeanor shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished as provided in § 10.99. Each day upon which any such violation continues shall constitute a separate misdemeanor.

(Prior Code, § 16-109)