ARTICLE X. RAILROADS

114-391 Jumping on trains.

No person shall jump upon any engine, tender, coach, way or freight car while such engine, tender, coach, way or freight car is in a made-up train on any of the railroad tracks within the corporate limits of the city, or ride upon any such engine, tender, coach, way or freight car, without first having paid such fare or obtained the consent of the company operating such engine, tender, coach, way or freight car.

(Code 1985, § 20-88)

114-392 Smoke emissions.

The emission of dense black or gray smoke from the exhaust of any railway locomotive, operated or in use in the city, shall be declared to be public nuisance per se.

(Code 1985, § 20-29)

114-393 Certain noises prohibited.

Escaping steam, gas, vapor or liquid under pressure from any locomotive engine operated or in use in the city between the hours of 9:00 p.m. and 6:00 a.m., the noise of which can be heard for a distance of 50 yards for a period of more than one minute is prohibited.

(Code 1985, § 20-30)

114-394 Liability.

(a)    Any company, agent, engineer or fireman, owning or in charge of any such railway locomotive from the exhaust or stack of which shall issue or be emitted such dense black or gray smoke within the corporate limits of the city, shall severally be deemed and held to be guilty of creating a public nuisance and of violating the provisions of this article.

(b)    The owner, agent, yardmaster, engineer, fireman or other officer or employee having in charge or control the operation of any locomotive engine within the corporate limits of the city, who shall cause, permit or allow such dense black or gray smoke to be emitted from any such locomotive engine within the corporate limits of the city shall be deemed guilty of creating a public nuisance and of violating the provisions of this article.

(Code 1985, § 20-31)

114-395 Manner of feeding fire.

Every person having charge of the igniting, feeding, stoking, regulating or attending any locomotive engine in the city, shall do so that black or gray smoke shall not be produced or emitted therefrom.

(Code 1985, § 20-32)

114-396 Opening safety valve restricted.

No railroad company, yardmaster, agent, engineer or fireman, or other person in charge of any locomotive engine, operated in the city, shall cause or allow the safety valve of any locomotive to be opened so as to permit steam, gas, vapor or liquid under pressure to escape therefrom between the hours of 9:00 p.m. and 6:00 a.m., the noise of which can be heard for a distance of 50 yards for a period of more than one-half minute.

(Code 1985, § 20-33)

114-397 Blowing whistles restricted.

(a)    No railroad company, agent, engineer, fireman or other person in charge of any locomotive engine operated in the city shall cause or allow any bell to be rung on such locomotive, or whistle to be blown thereon, while any such engine is standing on any railway track, switch or siding in the city, between the hours of 9:00 p.m. and 6:00 a.m., except for the purpose of giving necessary signals as prescribed by law. No whistle shall be blown or bell rung on any such locomotive engine standing on any such track during the hours from 9:00 p.m. and 6:00 a.m., for a longer period than 15 seconds.

(b)    No railroad company, agent, engineer or fireman or other person in charge of any locomotive engine operated in the city, shall cause or permit the bell on any such engine or whistle whereon to be rung or blown between the hours of 9:00 p.m. and 6:00 a.m., while such locomotive engine is running on any track, switch or sidetrack in the city, except for the purpose of giving necessary signals as required by law, it being the purpose of this section to prevent the unnecessary disturbance of the residents of the city by the blowing of whistles, ringing of bells and escaping steam from locomotive engines, in the nighttime, in the city.

(Code 1985, § 20-34)

114-398 Obstructing streets.

No person shall permit any railroad or railway engineer, car or train, either while in motion or stopped, to obstruct any public street, avenue or highway in the city, so as to obstruct the crossing thereof of vehicular or pedestrian traffic, for a longer period than five consecutive minutes at any one time, except an obstructing caused by accident or mechanical failure, in which event a reasonable time shall be allowed for the removal of such obstruction.

(Code 1985, § 23-32)

114-399 Loading and unloading freight cars from street.

No freight car shall be loaded or unloaded upon, from or into any street except by express permission first obtained from the police department of the city or from the mayor.

(Code 1985, § 23-33)

114-400 Responsibility for violations.

In any proceeding, action or prosecution under this division against a corporation, its agents and employees, its manager or person in control, as well as the corporation, shall be subject to the provisions hereof. In the case of a railroad corporation the engineer operating the engine or train, the conductor of such train and the yardmaster, as well as the corporation, shall be subject to the provisions hereof.

(Code 1985, § 23-34)

114-401 Method of enforcement.

In the enforcement of this division a ticket or notice may be given to any person violating the provisions of this division in the same manner as for the violation of the motor vehicle law. If the notice or ticket is not complied with by payment of the penalty provided by the council, a complaint and warrant shall issue. In the case of violation of section 114-398 the notice or ticket need not be served upon the person in actual operation of the engine or train but in lieu thereof may be served upon the trainmaster or local agent of the railroad corporation. If a complaint and warrant are issued thereafter, the complaint or warrant may be issued against the railroad corporation, the engineer operating the engine at the time of the violation, the conductor of the train at the time of the violation and/or the train master.

(Code 1985, § 23-35)