It is hereby made the duty of every person or corporation owning or operating any railroad crossed by a public highway to make, and keep in good repair, good and sufficient crossings for such road over their tracks, including all the grading, bridges, ditches, and culverts that may be necessary to make a safe crossing as here in after provided. Said crossings shall not be less than twenty-four feet in width on county roads or twenty feet in width on township roads, and shall be on the same grade as the track for thirty feet on each side of the center of said track, unless the board of county commissioners shall find the same to be unnecessary, and the approaches thereto shall not exceed a six percent grade and shall be solidly constructed of the same material throughout, except that next to the rail any suitable material may be used that will prevent the settling against the rails of any material used in said crossing, with no openings or filled spaces therein, except such as is necessary for the rails; and, for railroad crossings, such material shall be wood gravel, crushed rock, concrete, burned clay or slag at the discretion of said company and of a permanent thickness equal to the height of the railroad rails. That when the highway crossing the track is improved by the construction of a hardsurfaced road, the railroad company shall pave the space between the rails and for a distance of two feet on each side thereof with a pavement of the same or a better type for the full width of the pavement on the highway. On other crossings where the highway has not been improved, the planking or other material used between and for a distance of one foot outside of the rails shall be a sufficient length to provide for a 16-foot roadway measured perpendicular to the axis of the highway.
(Ord. 89-5; Code 2021)
Every person or corporation failing to comply with the provisions of this article shall be deemed guilty of a misdemeanor and shall be fined not less than five dollars, nor more than fifty dollars, for each and every violation hereof and each day same shall be allowed to remain out of repair shall be a separate offense: Provided, however, When any such crossings have been properly constructed as provided in this article and shall become defective because of accident or unusual severe or stormy weather, the person or corporation whose duty it to maintain the same, shall have ten days in which to rest ore said crossing to its proper condition before the penalty herein provided for shall attach.
(Ord. 89-5; Code 2021)