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HomeMy WebLinkAboutO-1973-973 . . '. . , .- . , ORDINANCE NO. 973 AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROHIBITING THE OBSTRUCTING OF RAILROAD STREET CROSSINGS FOR MORE THAN FIVE MINUTES AT ONE TIME; PROVID- ING FOR REPORTS OF OBSTRUCTED CROSSINGS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ( $ 2 0 0 .00); AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Chapter 20 of 'the Code of Ordinances of the City of La Porte is hereby amended by adding thereto, Sections 20-7 and 20-8, to-wit: "Sec. 20-7. Obstructing crossings for more than five minutes prohibited. "It shall be unlawful for any person in charge of any rail- way train to obstruct a street crossing in the city for a longer period of time than five (5) minutes at one time. After a cross- ing has been illegally obstructed for the initial period of five (5) minutes, each succeeding period of five (5) minutes of illegal obstruction shall constitute a separate offense. "By the term 'obstruct a street crossing' is meant the block- ing of the flow of traffic on such street by stopping a railway train on the railroad tracks across such street, or by occupying the tracks across the street with a moving railway train, or by a combination of both, it being the intent and purpose of this section to prevent the person in charge of the railway train from obstructing traffic flowing upon the street by either a moving railway train or a stopped railway train or a combination of both. "Sec. 20-8. Report of obstructed crossings. " (a) It shall be the duty of the yardmaster, engineer, con- ductor and every other person in any manner controlling or operating any railway locomotive, engine, car or train of cars, including the resident superintendent, general manager, president or receiver ox such railway company to report in writing to the Director of Public Works, within one [1] week thereafter, all obstructions of public crossings in the city by a railway loco- motive engine, car or train of cars coming within his knowledge or jurisdiction, specifying particularly the period of time for which such public crossing was blocked, the number of the engine and the name of the engineer or conductor of such engine, car or train of cars, if available. "(b) Whenever the Director of Public Works shall receive information from the police department or any other person that a major street has been blocked at a railroad crossing by a switch train for a longer period than five [5] minutes at one time, he is hereby authorized and empowered to serve a demand in writing upon the principal officer or manager of any railroad company believed by him to be operating trains upon such railroad at such crossing to make a report in writing containing the follow- ing information: (1) Whether the railroad company operated a switch train or trains, at about the time or times specified in the director's demand, on the rail- road crossing the major street at the intersection in question. .. '. . . . , Ordinance No. 973 , Page 2. (2) If so, the number assigned to the engine and to the train, if any. (3) The correct legal name of the railroad company operating such switch train. (4) The name of the person in direct charge of such switch train and the movements thereof. "The report shall be filed in the office of the Director of Public Works not later than five o'clock p.m. of the day following the day of service of the Director's written demand, unless such following day shall fall on a Saturday or a Sunday, in which case the report shall be filed on the following Monday by five o'clock p.m. If the following day shall fall on a legal holiday established by the City Commission upon which day the City Hall is closed for business, the report shall be filed on the next day thereafter when the City Hall shall be open. Such report shall be in writing and signed by the principal officer or manager of the railroad company in the city." Section 2. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 3. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the 3rd day of December 1973. 'i':"..:.. ~ . CITY OF LA P~ Byt,~ E. A. Thomas, Mayor J ; ? ATTEST: fl' C/~~~ Ci~lerk APPROVED, ~ _~~ __~J City Attorney