HomeMy WebLinkAboutORD 11-AAAN ORDINANCE
.ENTITLED AN ORDINANCE AMENDING ARTICLE 57.17 OF THE
CODE OF THE CITY. -OF BEAUMONT; REGULATING -SWITCHING'
OF RAILWAY.FREIGHT AND PASSENGER CARS DEFINING
SWITCHING'; PROHIBITING OBSTRUCTION OF CROSSINGS BY
RAILWAY ENGINES.OR CARS LONGER THAN'FIVE (5)-
CONSE-CUTIVE-,MINUTES; PROVIDING FOR A PENALTY; PROVIDING A
SAVINGS CLAUSE,. AND. REPEALING ALL ORDINANCES.OR
..'PARTS OF -.ORDINANCES" INCONSISTENT -.OR CONTRARY HERETO.
BE IT ORDAINED -BY THE CITY OF,BEAUMONT, TEXAS:
That Article 5-7-17 of the Codeof the.. City of Beaumont be, and.the
same is :h-ereby- amended -to- read as follows:
Section .l.. .
Article 57-17,'Regulating Switching'of Railway Freight and
Passenger Cars. It' shallbe unlawful. for any person, firm, part--
nershi.p,..co-partnership; corporation, trustee, or 'r eceiver,.operating
or causing to be operated. any railwaytrai•n'within"the corporate,
limits.of the City of Beaumont,for any locomotive engineer, fireman,
foreman," switchman, yardmaster, "conductor, or any other agent or em-
ployee for _therailroad. company operating., or participating in•any:
manner.:in the operation,.cont'rol .or, management','of any locomotive or
switch°;engine, or;other train or engine of whatever character, to
switch freight'or'passenger-cars on any railway in the City of Beau-,
mont at any point east of-. the'wes.t . line �-of Park, Street - and the east:
line of Cypress"Street..along,or upon the,.right of way of the Texas
..,and New Orleans Railway',Company'.at its intersection..with any public.
street, and south of the,north line of College.Street across the in-
tersection of College-Street.with.Railroad Avenue, except where such
switching across, College- Street is. necessary for "the interchange of
railway -cars from one railway company to,another, if such interchange
is accomplished. by movement of such cars to the place of interchange
and returned without more than one reverse movement each.way,.and
provided said College Street intersection is cleared of railway -cats
and engines to permit vehicular traffic to pass said crossing before
said reverse movement is<md.de.
Section 2-.'
s
It shall be unlawful for.any person, firm,-partnership,.'co-
partnership, corporation, trustee, or.receiver.-operating or causing
to be -operated any railway train -within the ---corporate limits of the
City of Beaumont and for any foreman. of a switching- crew, engineer,
or conductor.of a railway train, or other person in charge of a
railway train_, or car,.or railway engine., to switch freight or pas
senger cars on.any railway in the -City along, upon, or.across any
public street -'or across any street crossing or intersection of two
streets.within the City of Beaumont at -the following places during
the hours stated:
(a) At any point between: the west line of'Neches
Street and the east -line of Main Street along or
upon Gilbert Street and'Blanchette Street -between
the hour of 7:,1.5 .a.m. 'and 8:15 a.:m., and, between .
the.hour- of.4:30 p.m. and 5,:.30.p.m.
(b) On, any: railroad track crossing Wall Street"
between Railroad Avenue and'Vicioria Street, -between.
the hour of 7:15. a.m. and 8:15 a.m., and between '
-the hour of 4-:30 p.m:' and -5:30 p;m..
(c) Along any.railroad track at,the intersection
of . Crockett ,Street and Avenue C, between the hour -of
7,:15 a.m. and 8:15 a.m, and. between the hour of. .
4:30 p.m. and.5:30 p.m.;,
(d) Along any railroad track -crossing Fourth Street
between Angelina Street,.and Crockett Street, between
the hour . of -7:15 a .m. .a"nd 8:15 a.m-,, and_ , between - the
hour of 4:30 p.�m. and 5:30 p.m.
(e). Along any .railroad track crossing North Street
between Gulf Street and First. Street, between the
hour. -of 7:15-a m.and 8`:15 a.m., :and between the
hour of 4:30 p.m. and 5:30 p.m.
(f) Along any railroad track crossing Liberty Street
between Gulf St.reet'and First Street, between the -
hour of 7':15 a.m. and 8:15 a.m.
(g)Along any railroad track crossing Laurel Street
between Gulf.Street and First .Street, between the'.
hour of 4:30 p.m. and'5:30 p.m.'
(h) Along any railroad"t rack crossing Crockett Street
between Victoria Street and Railroad Avenue; between
the hour of 7:15'a.m. and 8:15 a.m., ,and.between the
hour of 4:30 p.m. and 5:30 .p.m.
(i). Along any.railroad°track crossing.Orange Street
between Cedar Street and Bonham Street, between the
hour of 7:15 a.m. and: -8:-'15 a.m,:, ,.and between -the hour
of 4:30 p.m. -and 5:30'.'p. m.
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(j) Along any. -railroad track crossing Franklin
Street at'its`intersection with.Railroad Avenue,
between- the, hour -of 7:15 a.m. and 8: 15 a..m•.-, and
between the, hour. .of 4:30 p.m. and 5: 30' p..m.
(k) �Al-ong any-railroadtrack crossing Irving Street.
" -at its intersection with Fulton Street, --between the
hour of'7:15 a.m. and 8:15 a.m., and between the
hour of 4:30 p.m. and 5:30 p.m..
(1) Along any railroad track crossing'Gulf Street
between - Long -Avenue and, Harrison Street;' between
the- hour.. of.,. 7:15 a.m., and 8.:15 a.m.-,--and between
the hour'- of' 4;30 p.m. and 5:30.. -p.m.
(m) ."Along any,.. railroad•` -track crossing Crockett
Street between`Avenue C and Short Street., between
the hour of 7:15-'a`.m: and 8:15 a.m., and between
the hour of .4.:30 -.p,'m. and -5:30 p.m.
(n) Along: any railroad track crossing Crockett
Street -between. -Avenue B and -Avenue C, between the
hour of 7:15.a.m, and 8115 a.m... and between the
hour -of 4:30 p.m. and 5:30.p.m.
(o) Along any railroad."track crossing Franklin-
. -,Street between Archie Street and Trinity Street,
:between the hour of 7:,1.5 -a.m.• and •8:15 .a.m., and
between -the hour of 4:30 p.m. and 5:30 p.m.
(p) Along any railroad track at any point between
the west line of Gulf Street and the east -line of
Pine Street along -or upon Long Avenue, between the
hour "of 7:15 a.m. and, 8:15: a.m., and between the
hour of -4;30 p.m. and 5:30 p.m.
Section 3.
There is excepted from the provisions.of this ordinance..:
the movement of, switch engines,a.nd cars necessary for the"purpose
of carrying freight cars to and from the different business indus-
tries .located 'in . th.e City of Beaumont, and there is also excepted
from the provisions of this -ordinance movement of trains. necessary
for the interchange of railway cars from'.one railway company to
another, if such interchange is accomplished by a movement of -such
cars _o the place of interchange and,'returne'd without more than.one
reverse movement each way.
Section 4.
'It shall be unlawful for any person, -firm, partnership, co-
partnership, corporation, trustee or receiver, operating or causing
to be operated any railway train within the corporate limits of the
City of Beaumont' and .for any' foreman of a switching crew, engineer
or conductor.. of a railway train, or. _other person in charge of a.
railway. train. or car -or_railway engine, to switch freight or pas
senger cars on any �rallway in, the City --across any, street--crossing-
or intersection of .two. streets. within- the..corporate limits of the
City of Beaumont, other than those places:.named in
_Section 2 above,
during 'the hours`. designated, for, a`- continuous . period in. excess of
three (3) minutes. without clearing .said crossing':for a period of
three. "(3) minutes ' so 'as ,:to permit vehicular traffic to clear -or pass
said .crossing, ;unles' _s said vehicular traffic clears or passes said
crossing in less time. than. three. -O.) .-minutes, i`n, such ,case switching -
operations may be. -resumed a -t the time such crossing is cleared of
vehicular, traffic.
Section 5..
--The provisions of Section 4. herein shall' apply to'the cross -
Ings and 's,treets' designated in Se'ction.'2 of this ordinance at all .
hours..of the day other -than the hours designated in Section 2.
Section 6.'
"Swit-ching", as used- in::this,ordinance' ,.shall be construed
to -'mean the pulling up and.backing across, or the -.backing. across and
pulling, up- of- any freight or passenger cars or railway engine across,
any street crossing -or intersection of two streets.within the corpor-
ate limits of the City of Beaumont, or, upon or ,along any street within
the corporate . limits of -the City 'of -Beaumont;_ provided, "however, that
nothing contained in this ordinance shall be construed as an exception
to, or exemption from,: compliance ,with Article 57;-,2. of the Code of
the City.of Beaumont, .as amended, or as an exception to, or -exemption
_ from,.. compliance with Section 7, of this ,ordinance.
Sect -ion 7.
Crossing not to be blocked for more than five (5),minutes. -
It shall be unlawful:for any person,.firm, partnership, co -partnership,
corporation,. trustee,- or :receiver operating or causing to be operated
any railway train .within_the 'corporate .limits of the City. of Beaumont
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to:obstruct the crossing, or any -,portion' -Of the width thereof, of.
any street in the City .of Beaumont by any railroad engine, car, .or
cars of any'description for a longer time .than five (5) consecutive
minutes, and whenever such crossing shall have been obstructed, or
any portion of its width, by any such engine, car, or cars for five
(5.) or more consecutive minutes at any one time, it shall be left
entirely free ,and unobstructed , for at least five (5) consecutive
minutes, except that this Section shall not apply to any through
train passing'over such crossing.and kept -in constant forward motion
while passing the said crossing and engaged in interstate or intra-
state commerce.
Section 8.
Penalty. - Whoever shall violate, or cause .or. permit, to be
violated, any provision.''of this ordinance..shall, upon.conviciion
therefor, be fined not less than Five '($5.00) Dollars and not more.
than One -Hundred ($100.00).Dollars, and the penalty herein prescribed
shall extend to the president, vice-president" and general manager
of any, .corporation so offending and t.o , any, and : all persons in actual
,control of such''engine,,'-car or.'cars, to:.any and,�all persons having .
direction .over -the movement of, such engine,: car or .cars, and to any
and all general -or division officers of any corporation owning or
controlling such engines .or cars, who.shall have the authority.to
give orders in relation to the.:disposition of such engines or cars
�at and about=said crossing, who.shall fail to give the necessary.or-
ders or fail' to enforce such orders when given.
Section 9.
Whenever any person shall be charged .with violation,of any.
provision of this ordinance, it shall not be necessary that the com--
plaint shall negative any of the, exceptions contained -in this ordi-
nance, and this ordinance shall be construed so that said''exceptions
shall be deemed to be defenses to conviction of,any person -charged
with violation of this ordinance so that the burden of establishing
any of .said exceptions in any case shall be upon the defendant.'
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