10. Trains; Abandoned Containers; Junk; Litter

PDF version

8/91  6-10-1            6-10-1

CHAPTER 10

TRAINS; ABANDONED CONTAINERS; JUNK; LITTER

6-10-1:   RULES GOVERNING TRAINS OR LOCOMOTIVES
6-10-2:   LITTERING

6-10-1:  RULES GOVERNING TRAINS OR LOCOMOTIVES:

(A)  Speed Limit:  It shall be unlawful for a person to operate or run within the City, railroad trains, engines or cars at any speed greater than twenty (20) miles per hour.  (1224)

(B) Obstruction of Crossings Limited:  It shall be unlawful to obstruct the free passage of any street or public highway across which a railroad or railroads, may be constructed or operated within the City by means of any car or cars, locomotive or locomotives, engine or engines, for a period of more than five (5) minutes at any one time. (1224)

(C)  Duty of Railroad Employees:  It shall be unlawful for any person or persons, railroad company, corporation, engineer, conductor, yardman, switchman, flagman, or gateman, whenever the free passage of any such street or public highway has been obstructed for a period of five (5) minutes at any one time, as provided in subsection (B) herein, by said car or cars, locomotive or locomotives, to fail to remove and signal, and cause the removing of any and all such car or cars, locomotive or locomotives, from across such street or public highway, so as to permit the free passage along such street or public highway for a period thereafter of not less than five (5) minutes of all accumulated public travel, and each failure to do so shall constitute a distinct separate offense.  (1224)

(D)  Duty of Railroad Companies:

1.  It shall be unlawful for any person operating any railroad in the City to fail to keep his employees in charge of the operation of locomotives, cars, trains, or gates, or other crossing safety appliances, informed of the provisions of all laws of said City relating to the operating of said locomotives, trains, cars, gates or safety appliances.  (1224)

2.  It shall be unlawful for any person operating any railroad in the City to fail to furnish to any officer of the City applying therefor, the name of any person in his or its employ who shall have been charged with having violated any of the provisions of this Chapter.  (1224)

(E)  Interfering with Railroad Safety Appliances Prohibited:  It shall be unlawful for any person, wilfully or maliciously, to meddle or interfere with the operation, or in any way injure or damage any railroad gate or safety appliance installed, or otherwise operated over any street or highway within the City.  (1224)

(F)  Exception to Chapter:  The speed restriction of this Chapter shall not apply if all railroad crossings in the City are protected by visual and audible safety appliances.  (1224)

8/91  6-10-2            6-10-2

6-10-2:  LITTERING:

(A)  It shall be unlawful to commit littering.  Any person who deposits, throws, or leaves any litter on any public or private property or in any waters, commits littering. (1224)

(B)  It shall be an affirmative defense that:

1.  Such property is an area designated by law for the disposal of such material, and the person is authorized by the proper public authority to so use the property; or   (1224)

2.  The litter is placed in a receptacle or container installed on such property for that purpose; or  (1224)

3. Such person is the owner or tenant in lawful possession of such property, or he has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant.  (1224)

(C)  Definitions:  As used in this Chapter, the following words and phrases shall have the following meaning:

1.  "Littering" means all rubbish, waste material, refuse, garbage, trash, debris or other foreign substances, solid or liquid, of every form, size, kind and description.  (1224)

2.  "Public or private property" includes, but is not limited to, the right of way of any road or highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any park, playground, building, refuge, conservation or recreation area and any residential, farm or ranch properties or timberland.  (1224)

(D)  It is in the discretion of the court upon conviction of any person, and the imposition of a fine under this Section, to suspend the fine upon the condition that the convicted person gather and remove from specified public property, or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon.  (1224)

(E)  Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this Section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped or dumped therefrom. (1224)