Sec. 27-1. - Tampering with railroad facilities.

It shall be unlawful for any person, in any way, to tamper with, damage or destroy any railroad track or appurtenance, or any bridge, viaduct, trestle or culvert structure supporting a railroad track or any appurtenance thereto, or any signal system or appurtenances thereto, telegraph line, telephone line, power line or signal system line maintained or operated as a railroad facility, whether located upon privately-owned property used for the maintenance and operation of railroad tracks, or located within the limits of any public highway, roadway, street, alleyway or walkway dedicated for public use within the city.

(Code 1950, § 46-10; Code 1959, § 33-1)

Sec. 27-2. - Whistles.

It shall be unlawful for any person to sound a steam whistle, or an air whistle, or an air siren on any locomotive in the city except in the following instances:

(1)

When a person or an animal is discovered in a position of peril, at which time an alarm signal may be sounded by successive blasts of a whistle, each not longer than two seconds' duration, until the peril is past; and

(2)

When the locomotive is approaching an interlocking switch and signal apparatus, at which time a whistle signal may be used by blasts of a whistle, each not longer than three seconds' duration.

(Code 1950, § 46-5; Code 1959, § 33-2)

State law reference— State requirements generally, Vernon s Ann. Civ. St. art. 6371.

Sec. 27-3. - Flagmen required at crossings.

Every railroad company shall station and maintain a flagman at such of its crossings as may be indicated by resolution of the city.

(Code 1950, § 46-19; Code 1959, § 33-4)

State law reference— Similar provisions, Vernon's Ann. Civ. St. art. 6371.

Sec. 27-4. - Failure to obey flagman's signals.

It shall be unlawful for any person, either on foot or on horseback, to fail or refuse to stop when flagged or signaled so to do by any flagman or watchman at any point within the city where a railroad crosses a street of the city.

(Code 1950, § 46-20; Code 1959, § 33-5)

State law reference— Similar provisions, Vernon's Ann. Civ. St. art. 6701d, § 86.

Sec. 27-5. - Maintenance of roadbed and other property.

It shall be the duty of every railroad corporation which has a track in the city to keep its roadbed, street crossings, culverts, switches and drainage in good repair.

(Code 1950, § 46-18; Code 1959, § 33-6)

Sec. 27-6. - How crossings to be constructed.

(a)

Whenever a street or road crosses the track of any railroad at grade, within the city, such crossing shall be planked level with the tops of the rails, and extended to the ends of the ties. The planks shall he not less than three (3) inches thick, and laid close, so as to form a smooth and even surface.

(b)

All crossings shall be at least two-thirds of the width of the streets, and at the crossing of all streets where curb and sidewalks have been laid, the planking is to be extended the full width of the street.

(Code 1950, § 46-21; Code 1959, § 33-7)

Sec. 27-7. - Grading approaches to tracks.

Whenever it is necessary to grade approaches to the track, such grade shall be not more than five (5) percent. Suitable provisions shall be made in all cases to carry off drainage which would otherwise be impeded by such approaches.

(Code 1950, § 46-22; Code 1959, § 33-8)

Sec. 27-8. - When gates required.

Whenever it shall be directed by the city council so to do, each railway company operating its trains and having its tracks within the city shall erect and maintain, on all street crossings over and along which their tracks are laid, the latest improved railway crossing gates, and shall have such gates erected within ninety (90) days from the date of the passage of the council's order or resolution.

(Code 1950, § 46-23; Code 1959, § 33-9)

Sec. 27-9. - Failure to provide gates.

Any officer, agent or employee of any railway company operating any line of railway, or propelling or moving any train, car or locomotive over and along any street crossing not provided with crossing gates, as provided for in section 27-8 shall be guilty of a misdemeanor.

(Code 1950, § 46-24; Code 1959, § 33-10)

Sec. 27-10. - Lights at crossings.

(a)

Required. It shall be the duty of every railway company operating a railway in the city to provide lights at the crossings of their respective railways with the streets of the city when notified to do so.

(b)

Notice to provide. The notice to railway companies to provide lights at the crossings of their respective railways with the streets of the city shall be by resolution of the city council, duly passed by that body, and served on the agent or representative of the company, corporation or association. The resolution shall state the places or crossings to be lighted and the time the lights shall burn. A copy of the resolution, certified to by the city clerk, shall be served on such company by registered mail.

(Code 1950, §§ 46-25, 46-26; Code 1959, §§ 33-11, 33-12)

Sec. 27-11. - Summons for violations of chapter.

Whenever a complaint is made and filed in the municipal court that any railroad company has violated the provisions of this chapter, it shall be the duty of the court to immediately issue and deliver to any policeman a citation, commanding the officer to summon the company, corporation or association to answer the complaint at some stated time in the municipal court, after service thereof.

(Code 1950, § 46-27; Code 1959, § 33-13)

Sec. 27-12. - Service of summons and trial.

It shall be the duty of the officer to whom a citation shall be delivered to forthwith serve a copy thereof upon the local agent or representative, and to make his written return thereon, showing how he has executed the same, and thereupon to cause the same to be filed with the papers in the case. When service has been effected, the prosecution shall stand for trial, and be tried before the judge of the municipal court in like manner as other prosecutions.

(Code 1950, § 46-28; Code 1959, § 33-14)

Sec. 27-13. - Judgment; levy for nonpayment of fine and costs.

If, upon the trial of a complaint, the company shall be found guilty, judgment shall be duly entered against it for the amount of the fine assessed, together with the costs of prosecution, and if defendant shall fail to pay the same within ten (10) days from the rendition of the judgment, then it shall be the duty of the clerk of the municipal court to issue a writ of fieri facias for the amount of such fine and costs, directed to any policeman of the city, commanding such officer forthwith to levy the same upon the goods and chattels, lands, tenements and effects of the defendant within the city for the satisfaction thereof.

(Code 1950, § 46-29; Code 1959, § 33-15)

Sec. 27-14. - Form of writ authorizing levy.

A writ of fieri facias issued pursuant to this chapter shall conform as nearly as may be to writs issued in civil cases under the laws of the state, and shall be attested by the city clerk under the seal of the municipal court.

(Code 1950, § 46-30; Code 1959, § 33-16)

Sec. 27-15. - How writ to be executed.

It shall be the duty of the officer to whom a writ of fieri facias is delivered to forthwith proceed to levy and collect the amounts therein directed, and in all his proceedings thereunder shall conform as nearly as may be to the laws of the state relating to levy and satisfaction of executions in civil cases.

(Code 1950, § 46-31; Code 1959, § 33-17)

Sec. 27-16. - Speed of trains generally.

It shall be unlawful for any engineer or other person in charge of any locomotive, train, motor car or other vehicle for the transportation of freight or passengers, by railroad, to run the same onto any street crossing within the corporate limits of this city at a greater speed than twenty (20) miles per hour, except upon the portions of the railroad lines as provided in section 27-17 hereof. Where no streets are crossed by the railroad line, train speed on that line is not restricted by the city.

(Code 1959, § 33-18; Ord. No. 36307, § 1, 3-7-68)

Sec. 27-17. - Speed limit in specific locations.

Upon the portions of the railroad lines set out in this section, the maximum speed authorized for any train or vehicle, operated on rails, entering any street crossing is as follows:

(1)

Upon the Missouri Kansas Texas Railroad Line.

a.

From north city limits to Loop 410 .....60 m.p.h.

b.

From Loop 410 to Hoefgen St. .....45 m.p.h.

c.

From Hoefgen St. to S. Alamo St .....30 m.p.h.

d.

From S. Alamo St. to Durango Blvd .....20 m.p.h.

(2)

Upon the Missouri Pacific Railroad Line. (Laredo to Palestine Line)

a.

From south city limits to Taft St. .....45 m.p.h.

b.

From Taft St. to Ceralvo St. .....40 m.p.h.

c.

From Ceralvo St. to Russell St. .....30 m.p.h.

d.

From Russell St. to Norwood St. .....40 m.p.h.

e.

From Norwood St. to Loop 410 .....45 m.p.h.

f.

From Loop 410 to north city limits .....60 m.p.h.

(3)

Upon the Missouri Pacific Railroad Line. (San Antonio to Corpus Christi Line)

a.

From south city limit to Quintana Rd. .....45 m.p.h.

(4)

Upon the Southern Pacific Railroad Line.

a.

From the M.K.T. Railroad crossing to Pine St. .....40 m.p.h.

b.

From Pine St. to Probandt St. .....30 m.p.h.

c.

From Probandt St. to Brady St. .....40 m.p.h.

d.

From Brady St. to south city limits .....45 m.p.h.

(5)

Upon the Southern Pacific Railroad Line. (Kerrville Branch)

a.

From Southern Pacific Main Line to Loop 410 .....20 m.p.h.

b.

From Loop 410 to north city limits .....30 m.p.h.

(6)

Upon the Southern Pacific Railroad Line. (Corpus Christi Line)

a.

From Southern Pacific Line to S.E. Military Dr. .....20 m.p.h.

b.

From S.E. Military Dr. to south city limits .....30 m.p.h.

(Code 1959, § 33-19; Ord. No. 36307, § 2, 3-7-68)