§ 21-3. Obstruction of railroad crossings.

(a)

Any officer, agent, servant or receiver of any railway company who wilfully obstructs for more than five (5) minutes at any single time any street, railway crossing or public highway by permitting their train to stand on or across the crossing, shall be subject to punishment as provided in section 1-7 of this Code of Ordinances.

(b)

An officer making an arrest for an offense under this section shall prepare in duplicate a citation to appear in court showing the name and address of the individual, the offense charged, and the time and place when and where the individual shall appear in court. The conductor of the train is an agent for the service of the citation. The person served the citation gives a written promise to appear in court by signing the citation in duplicate. The arresting officer shall keep the original, and the person signing shall keep the copy. The officer shall release the person from custody after the person signs the citation.

(c)

The hearing must be before a magistrate within the city who has jurisdiction of the offense.

(d)

A written promise to appear in court may be complied with by an appearance by counsel.

(e)

Trains blocking crossings uncouple. Any passenger or other through train that is stopped at the railroad station must break so as to permit traffic to cross at any designated intersection while such trains are stopped.

(f)

Trains blocking crossings shall uncouple for emergency vehicles. In the event of any emergency vehicle being denied a crossing by reason of a train being stopped or being pulled across such crossing, the person in charge of such train, or the brakeman, fireman or engineer shall cause such crossing to be cleared immediately at the request of the driver of such emergency vehicle or any fireman or policeman.

(g)

Driving on tracks prohibited. No person shall drive any motor vehicle upon any railroad track or right-of-way within the corporate limits of the city, except at a lawfully designated crossing thereof.

(Ord. No. 7715, § 85, 8-4-77)

State law reference

Similar provisions, V.A.C.S. art. 6701d-5.