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with a gate keeper or watchman to operate such gates or drop bars, it may by resolution declare that it is necessary to have and maintain gates or drop bars, with a gate keeper or watchman to operate such gates or drop bars, at the crossing or crossings designated in such resolution, and therein request the railway company whose duty is or may be to furnish and maintain such drop bars or gates, with gate keepers or watchman to operate such drop bars or gates: Provided, that automatic drop bars or gates of approved design, not requiring the attention of a watchman or gate keeper may be used, at the option of such railway company. It shall be the duty of the city engineer to at once notify such railway company, by serving upon the officer or representative of such company a copy of such resolution. [G. O. No. 239, Sec. 1.

SEC. 12. Same; shall be provided when-maintained jointly, when.-It shall be the duty of such railway company within thirty days after a copy of such resolution is served upon it or its officers or representatives in the city of St. Joseph, as provided in the preceding section, to place drop bars or gates with a gate keeper or watchman at the crossing or crossings designated in such resolution, and maintain them. thereon until relieved therefrom by order of the common council: Provided, that in all cases where the lines of several railroad companies shall cross a street at the same place, then said companies shall be allowed to build and maintain one or more gates at their joint expense, the same to be under supervision of the city engineer. [G. O. No. 239, Sec. 2.

SEC. 13. Same; penalty.-If any railway company shall neglect, or refuse to furnish, place and maintain drop bars or gates, with gate keeper or watchman to operate the same, at such railway crossing after notice and request, as herein before provided, it shall, upon conviction in the proper court, for such neglect or refusal be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars

for each and every day of such neglect or refusal. [G. 0. No. 239, Sec. 3.

SEC. 14. Steam whistles sounding of regulated. The blowing or sounding of steam whistles on railroad locomotives within the city limits except in cases of immediate danger is hereby prohibited. Any violation by any railroad company of this ordinance, shall be considered a misdemeanor, and subject to a fine of not less than twenty dollars nor more than fifty dollars. [G. O. No. 262.

CHAPTER LXII.

RAILWAYS-STREET RAILWAYS.

ARTICLE I-GENERAL PROVISIONS FOR STREET RAILWAYS.

SECTION

II. RECONSTRUCTION AND PAVING OF STREET RAILWAY TRACKS.
III.-PLANK CROSSINGS FOR STREET RAILWAY TRACKS.

ARTICLE I.

GENERAL PROVISIONS FOR STREET RAILWAYS.

1. Operators of street railway subject to this ordinance.

2. Shall keep track in proper condition.

3. Rules and regulations for running

cars.

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4. Not to interfere with fire department.

7. Penalty for violation of preceding

sections.

SECTION 1. Operators of street railways subject to this ordinance.-Every person, corporation, company or copartnership owning or operating any street railway, or engaged in the business of transporting passengers from any one point to any other point within this city for hire, on street railways, shall be subject to all the conditions, stipulations and requirements of this ordinance. [R. O. 1888, Chap. 61, Sec. 1.

SEC. 2. Shall keep track in proper condition.— Every horse or street railroad company having its railway located in and along any street or streets within the city of St. Joseph, shall keep the track of its road in such condition that such track shall not at any time be elevated above the surface of the street on which it is laid, so that vehicles can easily and freely, at all times, cross said track at all points, in any direction, without obstruction, and shall also keep in good repair such portions of the street as it has agreed with the said city so to do, or as required by the ordinances of the city. And if any company shall fail or neglect to comply with the provisions of this section, the city engineer shall cause notice to be served on the president or superintendent of such company, requiring the company to put its road and track in the condition required by this section, within five days after the service of such notice, and if such company shall fail or neglect to comply with the requirements of such notice within the time prescribed, such company shall forfeit and pay to the city of St. Joseph not less than twenty nor more than one hundred dollars for every day such neglect or failure shall continue after the expiration of said five days' notice, which may be recovered by suit before any court having jurisdiction. of the amount sued for. [R. O. 1888, Chap. 61, Sec. 2.

SEC. 3. Rules and regulations for running cars. -The following rules and regulations concerning the running of street railways shall be binding upon every person, corporation, company or copartnership operating any such railway in the city of St. Joseph:

First-No car, when not in actual use for passenger travel, shall be kept standing in any street or other public. thoroughfare.

Third. While any car is turning the corner from one street to another the horses or mules shall not be driven faster than a walk.

Fourth. Cars driven in the same direction shall not approach each other within a distance of three hundred feet,

except in case of accident or when it may be necessary to connect two cars together, or at stations; and upon the approach of any car to a distance of fifty feet or less from any vehicle, the conductor or driver of such car shall notify the driver or person in charge of said vehicle to vacate the track, and if, after a sufficient time has elapsed to enable the driver or person in charge of said vehicle aforesaid to comply with such notification, he fails to do so, it shall be the duty of the conductor of said car to forth with ascertain the cause of such detention, and if the delay shall be the result of any accident to said vehicle or horses attached thereto, the conductor or driver aforesaid shall render such aid as may be necessary for the removal of the cause of such detention; but in no event shall this ordinance or any part thereof be so construed as to sanction or allow a willful or wanton collision with any private vehicle on the track of any such railway lines; and any person, corporation, company or copartnership so offending shall be deemed guilty of a misdemeanor.

Fifth. No car shall be allowed to stop on a crosswalk nor in front of any intersecting street, except to avoid collision or to prevent danger to persons in the street. This section shall not be so construed as to prevent any car from stopping upon any switch that may be at the intersection of streets.

Sixth. When any car shall be required to stop at the intersection of streets to receive or leave passengers, it shall be stopped so as to leave the rear platform partly over the crossing.

Seventh. The conductor or driver of each car shall keep a vigilant watch for all vehicles and persons on foot, especially children, either on the track or moving towards it, and on the first appearance of danger to such persons or vehicles, the car shall be stopped in the shortest time and space possible.

Eighth. Conductors shall not allow ladies or children to leave or enter the cars while the same are in motion.

Ninth. Conductors shall announce to passengers the names of streets, or the place where the cars connect with or intersect any railway track.

Tenth. The cars after sunset shall be provided with signal lights.

Eleventh.

The cars shall be entitled to the track, and any vehicle upon the track shall turn out when any car comes up, so as to leave the track unobstructed; and the driver of any vehicle refusing to do so, when requested by the driver of any car, shall be deemed guilty of a misdemeanor; provided, that persons moving any article from or to any vehicle, shall be allowed a reasonable and sufficient time to load or unload the same. [R. O. 1888, Chap. 61, Sec. 3.

SEC. 4. Not to interfere with fire department.-No privilege or authority hereby granted shall be so construed as in any manner to interfere with the operations of the fire department of the city; but in all instances in case of fire, the use of the streets where railroad tracks are laid shall be subservient to the necessities of the fire department. Vehicles driving in the direction of the cars upon any street railway shall be entitled to the track used by the cars running in that direction, but not so as to hinder or delay any car running thereon. [R. O. 1888, Chap. 61, Sec. 4.

SEC. 5. Use of steam prohibited-cannot increase fare.-Nothing contained in this ordinance shall be construed to authorize an increase of fare as now established, nor to allow the transportation of freight over street railroads, nor to allow the use of the ordinary dummy or box car engine, or of locomotives of the kind now used upon steam railroads in this state. [R. O. 1888, Chap. 61, Sec. 7.

SEC. 6.

Cannot build tracks without permission. -Every person, company or copartnership who shall change the location of any railway track, or shall build or attempt to build or construct any street railway or part thereof, in any

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