Railroad trains, engines or cars shall not be driven or propelled over any railroad track within the City at a speed greater than thirty (30) miles per hour.

(Code 1961, 9-10-1; Ord. 2760; Code 2023)

The engineer or conductor or other persons responsible for the operation of railroad trains shall not allow such train, engine or cars thereof to block or impede traffic on any street crossing said railroad tracks for a period longer than ten (10) minutes.

(Code 1961, 9-10-2; Ord. 1999; Code 2023)

Every person or corporation owning or operating any railroad within the corporate limits of the City of Garnett, Kansas, is hereby required to keep the streets and alleys over which it runs properly drained, to construct and keep in repair to their full width in a safe and smooth condition, all crossings over all streets and alleys, and to construct and maintain drains and culverts where crossed by any line of said railways on all streets and alleys over which their tracks run, and to conform their tracks to the grade of the street and alleys over which they run, so as to make the top of the rails level with the grade of the street or alley established by the said City.

When the street or alley over which the tracks of any such railway company shall cross is improved by the construction of a hard surfaced road, the said railroad company shall pave the space between the rails and for a distance of two feet (2’) on each side thereof with a pavement of the same or a better type for the full width of the pavement of said improved street or alley, and in the event of the removal of a rail or track, shall fill, repair and repave the excavation or other damage caused thereby with the same quality of materials and same manner of construction as the street or alley from which the removal is made.

All work described and required in this Section shall be performed in a workman like manner and shall generally conform to the laws of this State and generally conform to the standards established by the American Railway Engineering Association, AAA, entitled “Specifications for Highway Grade Crossings Over Railroad Tracks” and all such work shall be accomplished at the expense of said railway company.

In the event any street or alley crossing within the corporate limits of the City of Garnett shall become defective so that it is dangerous or hazardous to the traveling public or so impedes vehicular traffic as to cause obstruction or slowing of such traffic to the detriment of public welfare and safety, the railroad company whose tracks cross said street or alley shall be notified in writing by the City Manager, or his delegate, of such defect or dangerous or hazardous condition and shall be directed to correct such condition within ninety (90) days after receipt of said notice. In the event said railway company so notified shall fail and neglect or refuse to lay, relay, construct or reconstruct or repair its railroad track or tracks or crossings to correct such defect or dangerous or hazardous condition within said ninety (90) day period, the City Manager, or his delegate, may make the necessary construction and repair of said track, tracks or crossing and the cost and expense of the same shall be a lien upon the property of such railway company in the same manner as other taxes are assessed, levied and collected. Said notice of repairs or reconstruction shall be ordered by the Governing Body, signed by the Mayor, attested by the City Clerk and the city’s official seal affixed thereto, and served by any police officer of the city, or by certified mail, with return receipt requested, upon any agent of such railway company.

The failure to comply with the provisions and directions of this article shall, in addition to any other remedy herein provided, be deemed a misdemeanor and upon conviction the offending railway company may be fined in the sum not to exceed one hundred dollars ($100.00). Each day’s violation shall constitute a separate offense.

(Code 1961, 9-10-3; Ord. 2302; Code 2023)

Any railroad company conductor, engineer or other person who violates or fails to observe any of the provisions of this article shall upon conviction be guilty of a misdemeanor.

Upon any complaint made against any railroad company or corporation for a violation of this article, a warrant shall be issued as in other cases and be served by delivering a certified copy thereof to any station keeper, ticket agent, local superintendent of repairs, or freight agent of such railroad company or corporation in said City, and upon return of such warrant with the certificate of such service, the Municipal Judge shall proceed to hear and try said complaint and render judgment thereon, as in other cases.

(Code 1961, 9-10-4; Code 2023)

If any railroad company or corporation fails or refuses to pay within thirty (30) days any fine or costs that it shall be adjudged to pay for any violation of this article, it shall forfeit the sum of fifty dollars ($50.00) to the City and thereupon the Attorney shall at once institute action in any Court having jurisdiction against such railroad company or corporation to collect such fine, costs and sum so forfeited. Such railroad company or corporation shall be liable for a reasonable attorney’s fee in each Court in which said action is prosecuted.

(Code 1961, 9-10-5; Ord. 76; Code 2023)

(a)   The following sea level elevations are hereby fixed as the maximum sea level elevations for railroad grade crossings at the locations specified and shall not be exceeded by the Atchison, Topeka and Santa Fe Railway Company, or its successors, at each respective grade crossing enumerated, to-wit:

 

Location of Grade Crossing       Maximum Sea Level Elevation

Park Road                                             1053.33

East First Avenue                                  1062.39

East Second Avenue                              1059.98

East Third Avenue                                1057.75

East Fourth Avenue                               1054.81

East Fifth Avenue                                 1052.36

East Sixth Avenue                                 1050.92

East Seventh Avenue                             1048.81

East Thirteenth Avenue                         1040.65

(b)   The following sea level elevations are hereby fixed as the maximum sea level elevations for railroad grade crossings at the locations specified and shall not be exceeded by the Missouri Pacific Railroad Company, or its successors, at each respective grade crossing enumerated, to-wit:

 

Location of Grade Crossing       Maximum Sea Level Elevation

Elm Street                                             1058.33

Walnut Street                                        1052.85

Oak Street                                             1052.39

Seventh Avenue                                    1052.07

Main Street                                           1051.19

Sixth Avenue                                        1047.54

Pine Street                                            1043.31

Cedar Street                                          1038.12

Spruce Street                                        1034.49

Olive Street                                           1032.99

(c)   Each above sea level elevation is expressed in feet and decimals of feet and the measurement shall be made to the top of the higher-most rail at each grade crossing location.

(d)   The failure to comply with the provisions of this article shall, in addition to any other remedy herein provided be deemed a misdemeanor and upon conviction the offending railroad company may be fined in a sum not to exceed one hundred dollars ($100.00). Each day’s violation shall constitute a separate offense. In addition to such criminal prosecution, the City of Garnett may, at its option, move to enforce the provisions of this article by injunction or other appropriate civil remedy.

(Code 1961, 9-10-6; Ord. 2385; Code 2023)