§ 12-80-16. Human flagmen, gates or crossarm signs.

A.

The city engineer, with the advise and concurrence of the director of fire and/or police, shall prepare and keep on file in his or her office for public inspection a list of railroad crossings on all main highways and boulevards where, by reason of the amount of traffic or number of trains, or geographical conditions, the public safety requires human flagmen, manually or automatically controlled gates or large signs with crossarms, in lieu of signal lights as provided by section 12-80-15. Such list may be modified, from time to time, in like manner, as changes in conditions occur. At all crossings where manually or automatically controlled gates are specified by the city engineer, the railroads using such crossings shall provide and maintain such gates at their own expense. Gates shall be controlled so as to be activated a minimum of 20 seconds before the train reaches the crossing. Controls shall be set in each instance for the actual operating speed of the track to be protected, but in no event shall the speed of the train exceed 30 miles per hour. Additional regulations of state manual on uniform traffic control devices shall be observed as though written herein. At all crossings where human flagmen are designated to be placed, the railroads using such crossings shall provide human flagmen, who shall be on duty constantly at each such street crossing when trains, cars or locomotives are crossing or preparing to cross such streets and highways, and the flagmen at each such crossing shall display a sign bearing the word "STOP," or wave a red flag in the daytime, and wave a red light at night in such manner as to give timely and sufficient warning of the approach of each and every locomotive or train of cars to such street crossing.

B.

At all crossings where signs with crossarms are designated by the city engineer, the railroads using such crossing shall erect and maintain at all times at their own expense on the right-hand side of the highway approaching each such railroad crossing and so situated as to be plainly visible, a large sign carrying cross-arms inscribed with the words "Railroad Crossing" painted on such crossarms in large letters.

C.

Whenever any railroad or interested persons using such crossing shall feel aggrieved at the inclusion or exclusion of any crossing in the list of crossings requiring human flagmen or manually controlled or automatically controlled gates, he or she shall have the right to file a petition with the city engineer, stating the reason for his or her objection. The petition shall be acted on promptly by the city engineer, and the petitioner shall have the right, within five days after the city engineer has acted, to appeal to the mayor.

(Code 1967, § 34-9; Code 1985, § 31-28; Ord. No. 1426, § 5, 9-5-1972; Ord. No. 3588, § 3, 9-2-1986)

Annotation— The above section is applicable to a crossing designated to have human flagmen, regardless of whether the railroad had actual notice of the designation. See Louisville & N.R. Co. v. Tucker, 211 F.2d 325 (U.S. Circuit Court of Appeals, 6th circuit, 1954).