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HomeMy WebLinkAboutORD 35-ZAN ORDINANCE. ENTITLED.AN.ORDINANCE PROHIBITING ANY :PERSON FRONT `DRIVING .UPON, ACROSS, OR. ALONG . ANY RAILROAD TRACK,, -EXCEPT WHERE ' SUCH TRACKS. ARE LOCATID WITHIN THE :. LIMITS, OF. PUBLIC. HIGHWAYS, ROADWAYS, STREETS, OR WALKWAYS PROPERLY DEDICATED. TO'.PUBLIC .USE,:AND -PROHIBITING THE.PARKING„OF-A.VEHICLE UPON, ALONG, .OR ACROSS ANY, RAILROAD TRACK, AND ..PROVIDING THAT THE PROVISIONS:PROHIBITING THE ..DRIVING:OR-ENTERING :UPON RAILROAD,-TRACKS-DO' NOT . APPLY . TO .EN,PLOYEES ' OF RAILROADS .OR ::.OTHER PERSONS . WHOSE PROPER AND LAWFUL DUTIES. MAKE IT. NECESSARY, FOR. THEM TO GO : UPON _ SUCH- TR ORDER'TO PERFORM THEIR DUTIES;.: AUTHORIZING THE CITY. TRAFF,IC:ENGINEER TO DESIGNATE LOCATION -AND TYPE OF'`SIGNS GIVING.:PUBLIC NOTICE OF PROHIBITION ; ON USE,.- OF . RAILROAD PROPERTY AND,-,. FOR. THE . ..COST 'OF SAID SIGNS, AND .PROVIDING PENALTIES FOR,'-' . VIOLATION OF THIS ORDINANCE, ..A, 'FURTHER . PROVIDING THAT ;THIS ORDIN _ANCE DOES.NOT REPEAL ANY OTHER.ORDI- NANCE.,,OF:-:A.SIMILAR NATURE OF .THE_ CITY OF BEAUMONT' BUT. IS CUMULATIVE THEREOF. WHEREAS,'there;: r.e, many railroad tracks, bridges, .:viaducts,; trest•1es;.andculvert structures . supporting_' railroad tracks,. aswell as switching yards and freightyards” appurtenant to. .railroads and used-in Cher;operation, located within the limits.of the City of Beaumont:. and, WHEREAS,; in order, . to. , protect the welfare of the citizens Of the City of. Beaumonf,:and to. insure, that.- th.e transportation system to and ;..withinCity of Beaufuont is not, ,disrupt.ed in anyway what:s.oever; and .to .prot:ect -per' ons within the Cite of Beaumont from receiving .personal injuries.; it .i sne-ces:s.ary..to regulate-the matter - of.'persbnsdrivin.g or.:.entering upon railroad tracks; NOW, THEREFORE;`„BE IT ORDAINED'BY THE'CITY OF BEAUMONT, TEXAS SECTION.I.. It shall, -be .unlawful-for any person to drive or to ride upon 'any.:, animal-drawn or motor-driven vehicle upon, along or across, -any ;.railroad track, except where railroad tracks are located :.within.the..limits of public highways,'roadways, streets or walkways which:have been,prope 'ily and lawfully ded ca-Led:for�public.use with- in, th:e limits of the City of Beaumont SECTION 2.,. It all be unlawful for .a person .to ,.stop, stand r or park a vehicle otherwise than temporarily for the purpose of and -while -actually engaged in`loading or unloading upon; along or across any railroad track within the limits of -the City,of Beaumont so as 'to -interfere with the normal movement of railroad cars along said track.-" SECTION 3. The City Traffic Engineer of the City -of Beau' - is: hereby authorized.to.designate the location and type of signs Ao be.placed upon '`such.railroad property advising persons of the restrictions- and prohibitions placed upon the, use, of such. -rail- roadproperty.by the public generally,..as set.,forth in this.ordi- nance. The expense of such siggns , and -th.e: placing thereof in places -designated by "the C-ity'Traffic Engineer'.shall-be borne by the rail- road. company owning or controlling, the., property where such signs are placed. ; SECTION 4., 'Any.person who shall, Hereafter violate any pro- fvision of this ordinance shall,. upon conviction, be fined not less than -,Five 05.;00) Dollars- and not more than Two .Hundred ($200.00) Dollars,, and each and every violation shall constitute and be a separat'e,, offense. SECTION.; 5. In. ,case any. section, : sentence, or clause of, this, ordinance -shall he'reaf.ter be declared unconstitutional, in- valid, null, void, or inoperative, - the other "sections, sentences, -and .clauses - shall; nevertheless, remain -in full, force and'` -effect just as-though'the section, sentence, or, clause so declared uncon- stitutional,` invalid, :v 6i d null' or inoperative, was not original- ly a part , hereof SECTION 6. This 'ordinance shall not be.construe'd to repeal any ordinance of this City -of the -same nature.which might -now be in effect unless ii.conflicts with such prior ordinance, butshall be 'cumulative thereof. PASSED by the City :Council this day of A. D. `i955.1 _ Mayor -