§ 11-126. Maintenance of tracks.

(a)

It shall be unlawful for any person owning, controlling, using or having in charge any railway, railway switch or sidetrack to maintain or operate the same in, along or across any public street, alley, highway, grounds or other place in this city, unless such railway, switch or sidetrack shall be kept continually in a state of good repair, by being well and properly blasted in the center of the roadbed, and by grading the same with material so as to present no difficulty or obstacle to the free and easy use of such public street, alley, highway, grounds or other public place by any vehicle traveling upon or across the same, and without constructing suitable and sufficient sewers or culverts to ensure thorough drainage.

(b)

All railroads, sidetracks or switches constructed in this city shall be conformed to such grade as is established or may be directed by the city when the same crosses any public street, alley, highway or grounds.

(c)

Upon the violation of any of the provisions of this section the chief of police shall notify, in writing, any officer or agent of such person of such violation. No such officer or agent so notified shall fail, refuse or neglect for ten (10) days after the receipt of such notice to put, or cause to be put and maintained, such railway switch or sidetrack in a proper state of repair, as prescribed in this section, nor shall fail, refuse or neglect for a like period to cause the grade of such railroad, sidetrack or switch to be constructed or maintained in conformity with this section.

(Code 1970, § 29-1)