Chapter 16 · Railroads

ARTICLE 1. GENERAL PROVISIONS

Sections 16-101 to 16-108 · 8 sections

16-101 Construction and maintenance of crossings generally.

(a)It is hereby made the duty of every person or corporation owning or operating any railroad crossed by a public street or alley to make, and keep in good repair, good and sufficient crossings for both vehicular and foot traffic for such street or alley over such tracks, including all the grading, bridges, ditches, approaches, sidewalks and culverts that may be necessary to make a safe crossing. The vertical profile or alignment of the centerline of the highway, road or street through the crossing shall comply with the American association of state highway and transportation officials (AASHTO) design manual titled, “a policy on geometric design of highways and streets” as published and in effect on January 1, 2001. When the street or alley crossing the track is improved by the construction of a hard-surfaced roadway, the railroad company shall pave the space between the rails, and for a distance of two feet on each side thereof, with a pavement of the same or a better type for the full width of the pavement on the street or alley. On other crossings where the highway, road or street has not been improved, the planking or other material used between and for a distance of one foot outside of the rails shall be of a length to equal the roadway width measured perpendicular to the axis of the highway, road or street.

(b)Every person or corporation failing to comply with the provisions of subsection (a) of this section shall be deemed guilty of a misdemeanor and shall be fined $500.00 for each and every violation thereof, and each day a crossing shall be allowed to remain out of repair shall be a separate offense; provided, however, that when any such crossing has been properly constructed as provided in subsection (a) of this section and shall become defective because of accident or unusually severe or stormy weather, the person or corporation whose duty it is to maintain the same shall have ten days in which to restore the crossing to its proper condition before the penalty provided for in this section shall attach.

(K.S.A. 66-227, 66-228; Ord. No. 2013-3046, §§ 1, 2, 1-2-2013)

16-102 Duty to install and maintain drains.

After 60 days have elapsed after the city manager or authorized representative shall request the making of openings under the tracks or upon property of any railroad for the passage of floodwater, at any particular place, it shall be the duty of such railroad to have such openings made and maintained in compliance with plans requested by the city.

(Code 1971, § 21-2)

16-103 Extent of maintenance of crossings and drains.

It shall be the duty of every railroad company to maintain both crossings and drains, as provided in this chapter, for the full extent of the streets abutting the property occupied by such railroad or included in its right-of-way or station yard grounds, whether its rails completely occupy the same or not, and shall so maintain for the distance granted it by the city upon giving it the right to enter. If such grant does not define such limits, then each railroad shall go so far as the limit of the adjoining railroad or privately owned property.

(Code 1971, § 21-3)

16-104 Watchperson or signals at Washington and Cedar streets crossings.

(a)Every railroad or railway company maintaining tracks in the city across Washington or Cedar Streets shall provide a watchperson at each of such streets when any train, locomotive, car or coach is being propelled or operated across or upon either of such streets. Such watchperson shall warn all persons, including pedestrians, operators of automobiles, trucks, teams and other vehicles, of the approach of any train, locomotive, car or coach, and it shall be unlawful for such railroad or railway company to permit any such train, locomotive, car or coach to be run or operated across or upon either of such streets in the absence of such watchperson.

(b)The provisions of subsection (a) of this section shall not apply to any crossing where automatic signals approved by the governing body have been installed and are in operation.

(Code 1971, § 21-4)

16-105 Ringing of bell required when train crosses or enters street or other public place.

The engineer on any railroad train, engine or car shall keep the bell ringing when such train, engine or car is entering or crossing any street, alley or other public place.

(Code 1971, § 21-6)

16-106 Lookout required for certain trains approaching crossing.

Upon the end of all railroad trains or cars moving toward a crossing of any street, alley or public place, and not preceded by an engine, the conductor and engineer operating such train or cars shall cause a person to be stationed as a lookout upon the end of the train or cars next to such crossing, who shall warn all persons along or over the street, alley or public place of the approach of such train or cars, and who shall signal the engineer moving the same of all danger of accident and who shall stop such train or cars, when necessary to prevent an accident.

(Code 1971, § 21-7)

16-107 Trains obstructing streets.

It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the train in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than ten minutes. This section shall not apply to trains in motion other than those engaged in switching. It shall be unlawful for any railroad train to stop within an intersection or on a crosswalk for the purpose of receiving or discharging passengers.

(K.S.A. 66-273; Code 1971, § 21-8)

16-108 Jumping on or off moving train.

It shall be unlawful for any person to jump on or off any railroad train while the train is in motion. This section shall not apply to employees of any railroad company owning and operating such train.

(Code 1971, § 21-9)