HomeMy Public PortalAboutOrd. 156 - Prevention of Accidents at HR Crossings (2)r ,
ORDINANCE NO. 15ir
AN ORDINANCE OF THE VILLAGE OF McCALL, IDAHO, PASSED PURSUANT TO
SECTION 50-1118, IDAHO CODE, PROVIDING RULES AND REGULATIONS FOR
THE OPERATION OF RAILWAY ENGINES, CARS OR TRUCKS AT CROSSINGS FOR
THE PREVENTION OF ACCIDENTS, SETTING FORTH THE RESPONSIBILITY FOR
COMPLYING WITH THE TERMS OF THIS ORDINANCE, PROVIDING THE PENALTY
FOR VIOLATION OF THIS ORDINANCE, AND PROVIDING FOR A SAVINGS
CLAUSE.
BE IT ORDAINED BY THE CHAIRMAN AND BOARD OF TRUSTEES OF THE VILLAGE OF McCALL,
IDAHO:
1(0')il' SECTION 1. The best interests of the Village of McCall, Idaho, require,
!for the prevention of accidents and safety of travlers on public streets and
Rays in said village, rules and regulations for the operation of railway engines,
cars and trucks at crossings within said village, and it is therefore declared
g to be the policy of the Village of McCall to regulate and govern the operation
of said railways equipment within said village
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SECTION 2. No railway engine, car or truck, or any combination of the
same, shall operate within the village in any manner unsafe to any person using
the public streets or ways within the said village where the same shall cross
railroad tracks.
SECTION 3. No railway engine, car or truck, or any combination of the
same, shall enter into the crossing of railroad tracks and the public streets
or ways within the said village at a speed of in excess of ten (10) miles per
hour.
SECTION 4. No railway engine, car or truck, or any combindion of the
same, shall enter into the crossing of the railraod tracks and Third Street,
said Third Street being also known as Idaho State High away N. 15, unless said
engine, car or truck, or combination of the same, shall have come to a complete
stop at a point not less than one (1) foot nor more than twenty (20) feet from
the boundaries of said Third Street and shall not proceed into said crossing
until it can safely do so with respect to persons or traffic approaching said
crossing on Third Street; PROVIDED, HOWEVER, that said railway engine, car or
truck shall not be required to come to a stop at the crossing described in this
section if the company operating or owning the same, or the persons hereinafter
named as being responsible for complying with the terms of this ordinance,
shall station a watchman or flagman at said crossing whose duty it shall be to
warn and notify all persons traveling on said Third Street of the approach
of engines, cars or trucks to said crossing and to guard against collisions
between persons traveling said street and machinery operating upon said railroad
tracks.
SECTION 5. Each engineer, brakeman and conductor on each and every engine,
car or truck, or combination of the same, operating within the limits of the
Village of McCall, and the railroad agent located in the railroad office in said,
village, shall be severally responsible for complying with the terms of this
ordinance.
SECTION 6. A violation of this ordinance at any crossing within the
limits of the Village of McCall shall be deemed a separate and distinct offense
for each and every crossing.
SECTION 7. Any violations of the provisions of this ordinance shall be
unlawful and any person violating the provisions hereof shall be guilty of a
misdemeanor and upon conviction thereof shall be fined in a sum not to exceed
One Hundred ( $100.00) Dollars, and upon failure to pay such fine, shall be con-•
fined in the village jail at the rate of One Dollar and Fifty cents ($1,50)
per day until such fine is paid in full, or, confinement in said village jail
for not more than thirty (30) days, or, by both fine and imprisonment.
SECTION 8. If any section, provision or clause of this ordinance shall be
declared invalid or unconstitutional by a court of competent jurisdiction, it
shall not effect the validity of the remainder of the ordinance, but said ordin-
ance shall be construed as though such invalidity or unconstitutionality provi-
sions were not incorporated therein, and the Board of Trustees hereby declares
that it would have passed this ordinance and every section, sentence, clause,
and phrase thereof regardless of the fact that any one or more of the sections,
sentences, clauses, and phrases by declared invlaid or unconstitutional.
SECTION 9. Thos ordinance shall be in full force and effect from and
after its approval and publication.
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PASSED by the Village Board of Trustees this day of November, 1949.
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APPROVED by the Chairman of the Village Board of Trustees this _--- day
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of November, 1949.
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