HomeMy Public PortalAbout1377-1949 - To provide the security of citizens and othere from the running of locomtive engines, cars or trains of cars through the CityORDINANCE '.N o. — 1949.
AN ORDINANCE TO' PROVIDE FOR ' THE SECURITY OF CITIZENS AND
OTHERS FRCU THE RUNNING, OF LOCOMOTIVE ENGINES, CARS OR
TRAINS OF CARS THROUGH THE CITY -OF RICHMOND, INDIANA, AT
THAT CERTAIN CROSSING. WHERE THE TRACKS OF THE PENNSYLVANIA
RAILROAD COMPANY C:ROSS-I THE, VJILLIAMSBURG .PIKE AND PRESC_ RI B-
ING PENALTIES FOR ' ITS VIOLATION.
WHEREAS, there is now: and has. been for. some .time
last past a certain. rail -road crossing in.. the City of Rich-
mond,. Indiana; at the place where. the track. or tracks of
The Pennsylvania Railroad Company crosses and intersects
that certain public highway- known -'and designated as the
Williamsburg Pike, and
WHEREAS, the crossing as aforesaid does not con-
stitute a tGrade Crossingtt as defined by Chapter 89, .para-
graph 2 of the Acts -of' the General ,Assembly of the .State
of Indiana, for the year of 1931, ' and
WHEREAS, the view of approaching trains is not
obstructed at ' said crossing so- as to come -within the mean-
ing and purview of Chapter 49 of theActs of the General
Assembly of the State, of Indiana, for the year of .1915,
and
WHEREAS, said crossingis a. hazardous crossing
and dangerous to the life, limb and property of citizens
and 'others .using same, and
WHEREAS, it is necessary for the -'Purpose of pro-
viding for, the security of citizens and 'others from- the
running of locomotive engines, cars' or trains of cars
through the said .City of -Richmond, and over and on said
crossing that the said The Pennsylvania--Rail:road Company
• -., --% I
ke ep and mai ntai n, at i is own ' expense an d a t all times
of day and night while any locomotive engine, car or train
of cars are -being run, or are likely to run over or : across
said crossing, a. flagman whose duty it shall be to signal
persons approaching , o r about to cross such . track or tracks
at said crossing, and to warn them of the approach of any
locomotive engine, car or train of. cars, or other impending
danger connected with the running of such locomotive engine,
car or train' of cars thereat, or that in place of a flag-
man as aforesaid, said The Pennsylvania Railroad Company
may maintain proper and sufficient gates, at said crossing,
at its own expense, which shall be so operated as to protect
and warn persons crossing or about to cross said crossing
from the running of such locomotive, car or train of cars
thereat;
Sec. to NOW THEREFORE, BE IT ORDAINED by the
Common Council of the City of Richmond, Indiana, That for
the purpose of providing for the security of citizens and
others from the running of locomotive engines, cars or trains
of cars through the City of Richmond, and over and on that
certain railroad crossing or intersection at the place where
the track or tracks of -The Pennsylvania Railroad Company
crosses and intersects that certain public highway known
and designated as }eThe Williamsburg Piker' in said City of
Richmond, Indiana, The Pennsylvania Railroad Company shall,,
at -said crossing or intersection, keep and maintain, at its
own expense, and at all times of day and night while any
locomotive engine, car or train of cars are being run or
are liable- to run over, on or across said crossing or
intersection, a flagman whose duty it shall be to signal
persons approaching or about to cross such track or tracks
at said crossing • 'or intersecti on, " and to warn them- of the
approach of any locomotive engine, car or_, train of cars,
or other impending 'danger, conne cted With, ---'the running :of
any such locomotive engine, car or''train 'of cars. thereat.
Providing, ..that. in., place of a .:flagman,- said. The
Pennsylvania Railroad Company may `maintain,,- at i ts. own
expense, proper and sufficient gates' at. said crossing or
intersection which shall be so operated as to protect 'and
warn persons crossing or about to cross -said track or
tracks of . said crossing ot� int-ersection from the running -Of
any such locomotive engine, car --or train of cars thereat.
And, Pratr14ing Further,, That The -Pennsylvania Rail-
road' Company, who by. itself, its agents or employees, violates
or fails or refuses to comply with' any of the provisions of
this Section of this Ordinance, shall, 'upon conviction there-
of, be fined in any sum not exceeding One Hundred 'Dollars
($100.00).9 and each and- every day: such failure or refusal
continues shall be deemed and held'a separate offenZe.
. Sec. 2. It shall be unlawful 'for any- engineer,
conductor' servant,. or any -other person in the employ' of
the said -The Pennsylvania .Railroad C,ojnpany i7n control of
any locomotive engines car or train of cars, to run any such.
locomotive engine, car or train of .'cars over; 'on or.,across
said crossing or intersection at any time during the day or
night unless` there be maintained at .said crossing or int er-
section a flagman or gates as provided for in Section one
of thi s ' Ord-inance.. .And .any such eng iriee,�r, c onduat or,
servant, or other Oerson in. the 'employ of the said The
-Pennsylvania Railroad Company violating any of the -provi-
sions of this- Section of this Ordinance, shall, upon :.
conviction thereof,. be fined, in any ,sure not, exceeding