§ 58-35. Time limits for obstructing streets.

(a)

No conductor, engineer, firefighter, brakeman or other person in charge of any locomotive, tender, car or train of cars shall obstruct, or cause to be obstructed, any street or sidewalk within the congested district in the city, which is that part of the city north of the south line of 19th Street and west of the east line of Troost Avenue, with any such locomotive, tender, car or train of cars, or in any manner obstruct or cause to be obstructed the free and clear passage for vehicles and pedestrians along such street or sidewalk, for longer than five minutes when any such locomotive, tender, car or train of cars is not moving or for longer than ten minutes when in motion. The period of obstruction shall be not longer than ten minutes in any other part of the city. No conductor, engineer, firefighter, brakeman or other person in charge of any such locomotive, tender, car or train of cars shall at any time stop, or cause or allow the locomotive, tender, car or train of cars to be stopped or moved so slowly in, over or upon any street crossing for any purpose whatsoever so that the obstruction of any such crossing either by the locomotive, tender, car or train of cars of any railroad or in conjunction with that on any other railroad shall be longer than ten minutes at one time.

(b)

No yardmaster, superintendent of terminals or other officer or vice principal with any railroad shall run or manage, or cause, permit, order or direct to be run or managed, any such locomotive, tender, car or train of cars in such a manner as to necessitate a violation of this section.

(c)

Any person mentioned in this section, who shall have been arrested for a violation thereof, may, at the discretion of the judge of the municipal court, be discharged without penalty, if it is found that such violation was necessitated by the order or command of any such yardmaster, superintendent of terminals or other office under whom such person may at the time have been working; provided, however, that no such person shall be thus discharged unless he shall first disclose the name of such yardmaster, superintendent of terminals or other officer to the court, and shall testify in court as to such orders, when the yardmaster or superintendent of terminals who made them shall have been arrested and be on trial therefor.

(Code of Gen. Ords. 1967, § 28.30)

Cross reference

Obstructions and encroachments, § 64-161 et seq.