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HomeMy WebLinkAbout03824 ORD - 08/04/1954AEd OPIIINXZE DECLAiMG CERTAIN SIREETS AND HIGHWAY CROSSINGS OF &AILHOAD T:'aACKS TO BE EXTi:A IIAZAiI.T30US; REQUTiiLiG_ THL': iu:EMG Cr FLAGMEN Oil SIGNAL DEVICES AT ALL EXTI'iA HAZABOUS RAILROAD C OSSDGS; REGULATING THE 3PEI1l OF GNUri ;ES, CANS ANEW TUAINS VITPR; THE CORMIATE L-M�rnFS OF TEE CITY OF CORPUS CHRISTI; PRO:IIu.MNG THE ELVSIDG OR SOUK ING OF "OHISCLES OF ANY LOC(IIWIVE OH 124GINE ;'dI'TfIL; ANY DESIGNATED HECREATION AEA LOCATEa; 'JITUD HE I.MPOMTE LIMMS OF THE MY, `E: XEPT AT SUCH PORTS AS ARE SPECIFICALLY DESIGNATOD, ME) ;iEQUIiiIl ;G THE DR1137LE 70 BE LLOMVl O:i SOUdDEO AT SUCH _;E:SIGNAT_NO 203I \T3 ARDI No 19THa'.$, EXCEPT IN CASES Oc L7iE"Im a; DESIGNATI`;G CERTAIN AREAS OF THE CITY AS iIECHEATIMAL; Rr'QUIRING THE 1MGING Or 94GINE BELLS; PROVIDING A PENALTY FOR VIOLATIW; REPEALDIG 01"WR]ANCES Li CONE'LICT fQMWITH; PROVIDDIG A SEVERANCE CLAUSE; MD Pi.01r.M 14G FOR, PET: >LICAI'I N A1i0 EFFECTIVE DATE. LYiDlEAS, All railroad crossings within the City of Corpus Christi, Texas, at which streets designated as State and /or national highways and /or streets where an average count of motor vehicles using crossings nurdoers five thousand (5,000) or more vehicles during a twenty -four hour period, such streets at such crossings'of railroad tracks create great danger to the public, and such crossings axe ^:deemed to be extra hazardous; and MHEREAS, It has been found and determined that Garner and Market Streets, among others, have railroad crossings thereon hereby deemed to be extra hazardous; and MEf'sAS, The excessive rate of speed of any and all locomotives, trains and switch - engines moving and operating within the City of Corpus Christi constitute a public danger and hazard; and MIL,REAS, The blowing of train whistles, horns, sirens, and similar devices in recreational areas in the City of Corpus Christi has caused a detrimental effect on the health and general welfare of the citizens of Corpus Christi: NOti, TFERZFOUE, LE IT 0.1)AINEJ DY T! ,E CITY COUNCIL OF 'THE CITY OE' COIPUS CHRISTI, TEXAS: 3 EC3IOU 1. It shall be the duty of each railway and railroad company and the operator of each and every locomotive of any such railroad operating a railroad within the corporate limits of the City of Corpus Christi to keep by clay and night at each and all extra hazardous crossings, as same are defined and determined by the preamble of this ordinance, one ornore flag - :nen on all occasions while engines, locomtives, and /or trains are approaching 5 04 and entering such crossings, whose duty it shall be to warn traffic of the approach of trains; provided, however, that in lieu of the requirement of maintaining such flagmen, such railroads may install and maintain at each and every extra hazardous crossing a mechanical warning device, which said device shall show a flashing red light or lights and /or a moving lighted rocker arm, and shall sound a continuously ringing bell at all times while a locomotive, engine, train, or any part thereof is approach- ing within a distance hereinafter determined, and while on such crossing, said device to be of the type approved by the State Highway Department of the State of Texas, and the Director of the Department of Public Safety of the City of Corpus Christi, Texas. SECTION 2. When a railroad track crosses a street, and /or is embraced by a street, the traffic of which is controlled by regular city traffic lights in a manner that will enable the operator of such engine or locomotive to comply with the traffic lights when such lights.have stopped intersecting traffic, such compliance, when accompanied by the presence of a watchman or flagman riding on the outside frontmost part of such engine, locomotive, or frontmost car thereof, shall be considered to be a compliance with Section 1 of this ordinance. It shall be the duty of such watchman or flagman to assist such operation by warning traffic and pedestrians of the approach of such engine, locomotive and /or train while entering such cross- ings and /or while in such streets. SECTION 3. The distance at which such flashing lights and con- tinuously ringing bell, as provided for in Section 1 of this ordinance, shall commence ringing and flashing shall be determined for each such crossing by the Director of the Department of Public Safety of said City in view of the location of, and railway and motor traffic at, each such crossing. Each railroad owning tracks at such crossings shall recommend in writing such dis- tance it deems reasonable and prudent which shall be approved by said Director; if, however, such recommendation be deemed inadvisable, the Director shall re- ject same and determine at what distance such bell shall commence ringing and lights commence flashing; and the Director of the Department of Public Safety shall so inform said railroad of his acceptance or rejection and independent de- termination in writing. Any railroad aggrieved by such rejection and independent -2- determination shall have fifteen days from the receipt of notice thereof to appeal such rejection and determination by so notifying the City Council in writing, whereupon the Council shall hold a hearing thereon within fifteen days, and their findings for such designation shall be final ans same shall Le announced within five days from the date of such hearinc, +. SEC`rI( -i; 4. It shall hereafter be unlawful to operate or run or cause to be operates or run when entering aru until fully occupying any public crossing within the corporate limits of the City of Corpus Christi any rail- road engine, car, or train of cars at a greater rate of speed than eighteen (18) miles per hour while moving alone or pulling one or more cars. 5EC Ind 5. It shall hereafter be unlawful to operate or run or cause to be operated or run when enterinf: and. until fully occupying any public crossing within the corporate limits of the City of Corpus Christi any railroad car or cars while Tieing pushed by anti preceding any railroad engine and /or locomotive at a greater rate of speed than twelve (12) wiles per hour. SW 21-ON 6. It shall hereafter be unlawful to blow or cause to be sounded, any railroad engine whistle, morn, siren, or other noise malting device on any engine or locomotive, except hells as specifically provided in Section hereof, within any area specifically designated as a recreational area within tiie corporate limits of tiie City of Corpus Christi, except in the case of an emergency and that railroad engines or trains rpproa.ehing the ascule 'ridge over the 'Corpus Christi ship channel may blow or sound a whistle or horn for not exceeding five seconds; provided., however, that in such recreational areas the 'Director of the Department of Public Safety may designate certain locations at which such whistle, horn, siren, or other noise making device shall be sounc.ec;, riot to exceed ten (10) seconds, which the Director may determine and designate in view of excessive whistle blovting bein, detrimental to tite general welfare but with due regard to the necessity of warning the public of tiie existence of railroad crossings. SECT EM 7. Upon the recommendation of the Director of Public ;safety of the desic,!nation of locations in recreational areas where at such railroad engine whistles, horns, sirens, or other noise snaking devices shall be Blown or sounded, the City Council shall approve or 'Disapprove such -3- designated locations, and in the event of approval thereof by motion or resolution, such locations shall be published once in the official paper after which same shall be valid and effective. SECTIOU G. It is hereby found and designated, for the purposes of this ordinance, that that section within the City Lirnits of Corpus Christi commonly known as "North 'teach" extending from the Bascule bridge to the "Reef uridge" and the causeway bridge of U. S. highway lal , is a recreational area. SECT ICH 9. All locomotives, steam, diesel or other, shall ring their engine bells when starting to move and also when approaching public crossings within the corporate limits of the City of Corpus Christi so as to warn motorists and pedestrians of their approach; and shall use other sound devices, including whistles, as are otherwise required. SECTION 10. Any person, firm, or corporation who shall violate or fail to comply with any provisions of the preceding articles shall be deemed guilty of a misdemeanor and upon conviction, shall be fined. not more than Two Hundred Dollars ($200.00). .ECTION 11. In case a corporation is the operator of any equip - went used in violation of any provision of this ordinance, the president, vice - president, secretary, treasurer, manager, and the agent or employee operating such equipment shall 11e severally liable for the penalties herein prescribed. SECTION 12. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed insofar as they conflict herewith; here- by expressly repealing in its entirety Ordinance Ho. 3531 dated August 5, 1953. SWTIOd 13. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be held invalid, it shall not affect any valid provisions of this or any other ordinance of the City of Corpus Christi to which these rules and regulations relate. SEC�'ION 14. This ordinance shall take effect from and after its publication one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in summary the purpose of the ordinance and penalty for violation thereof. SECTION 15. That the foregoing ordinance w7s reed for the first -4- time and passed. to its second reading on this the „9—Lc1ay of r 1954, by the following vote: P. C. Callaway Ellroy ring James S. Naisnith W. James 'Lrace 7 P. P. Peterson, Jr. `4at the foregoing ordinance was read? for '.he 'gecon' tiluc cnc; �i i passed to its third reac.ing on this the O clay of C , 1 54, by the following vote: F. C. Callaway Ellroy iiing donles a. Naismith IA. James race P. Peterson, Jr. _'hat the foregoing ordinance was rear. for the third time and passed finally oil this the day of (&,.I- , 1964, by the following vote: P. C. Callaway 1 roy Bing :lames S. idaistaith 1V. Janes Lrace �� y F. P. Peterson, Jr. i PASSi:i) Aids APPROVES, This the f—day of ��—+ 1964• l . itAYO?2 � TF'r1: CITY I CoBPUS 'IbTI, T%XAS City Secretary APPI OVD) AS TO UL4L FOlgii: City Attorney r'