§ 12-80-5. Contracts between city and railroads—Breaches.

A.

Any breach of a contract referred to in section 12-80-2 of this chapter on the part of the railroad company shall constitute a misdemeanor.

B.

The failure of any railroad company to lay or maintain its tracks, or to lay, relay, repair or maintain the paving of the streets, or parts of the streets occupied by it, in the manner, to the extent, and within the time prescribed by such contract, is declared a nuisance and a misdemeanor.

C.

Whenever the surface of any street shall be disturbed by any railroad company, and there shall be a contract then existing showing the obligations of such company in respect to the paving, repaving, repairing or maintaining the paving of such streets, either within or without the tracks of such company, and such company shall fail to comply with and perform such work in every particular, such failure shall be considered and treated as if the use and the occupancy of such street had been in the first instance, unauthorized and unlawful, and a nuisance and a misdemeanor. Each day's breach of such contract shall constitute a separate offense.

(Code 1967, § 34-3; Code 1985, § 31-5)