City of Belle Plaine, Iowa

TITLE III   COMMUNITY PROTECTON 

CHAPTER 43

RAILROAD REGULATION

3-43-1     Control of Trains, Etc
3-43-2     Rate of Speed
3-43-3     Obstruction of Crossings
3-43-4     Gates Required
3-43-5     Construction of Gates
3-43-6     Penalty
3-43-7     Who is Liable Hereunder 

SECTION 3-43-1                  CONTROL OF TRAINS, ETC.  Every locomotive engine, railroad passenger car, and freight car which shall be driven, propelled or run upon or along any railroad track within this City shall at all times be under the complete and absolute control of the engineer or other person in charge thereof.

SECTION 3-43-2                  RATE OF SPEED.  No railroad train, car, or engine shall be driven, propelled or run upon or along any railroad track within the corporate limits of the City at a rate of speed in excess of forty-five miles per hour.

SECTION 3-43-3                  OBSTRUCTION OF CROSSINGS.  No railroad company, railroad engineer, train conductor or other person shall cause or allow any locomotive engine, car or cars, or train of cars to stop at or remain upon, or in any manner obstruct any street or railroad crossing within this City for more than ten minutes at any one time. All street and railroad crossings shall be used only for the passage of locomotives, cars and trains, and as often as once in every ten minutes the railroad company, or their employees, shall leave said street unobstructed the entire width thereof for the passage of pedestrians and vehicles, and said crossings shall be kept unobstructed until all pedestrians and vehicles in waiting and ready to cross shall have had time to do so.

SECTION 3-43-4                  GATES REQUIRED.  Every railroad company operating railroads within this City are hereby required to erect and maintain gates at the intersections of their respective roads with the following avenues within the said city, to-wit: Seventh Avenue, Eighth Avenue, and Ninth Avenue  

SECTION 3-43-5                  CONSTRUCTION OF GATES.  Each of said gates shall be so constructed as to constitute, when closed, a barrier to the passage of persons, teams, and vehicles upon or across said railroad tracks, respectively, and it shall be the duty of each company to keep the gates at its roads closed at all times when any car or engine or train is passing upon its road and across the avenues herein named.

SECTION 3-43-6                  PENALTY.  Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor.

SECTION 3-43-7                  WHO IS LIABLE HEREUNDER.  In any prosecution under Section 3-31-2, 3 or 4 of this ordinance it shall not be necessary to join the offending railroad company as a defendant. The duty of strict obedience to all of the provisions of these sections is enjoined upon each and every person having charge of any car, train or locomotive engine, or who is engaged in the operating of any of the gates herein provided for, and any such person may be alone charged with any violation thereof and made subject to the penalty herein provided. Any conductor, foreman, or other superior officer of any railroad company who orders or advises a subordinate employee to do any act in violation hereof shall himself be deemed guilty hereof and may be made subject to the aforesaid penalty