Chapter 734 - RAILROADS

Sec. 718.105. - Penalties. Chapter 740 - SIDEWALKS, CURBS AND GUTTERS Chapter 734 - RAILROADS[1]

Footnotes: --- (1) ---

State Law reference— Railroads and railroad safety, F.S. Ch. 351.

State rule reference—Railroad safety, F.A.C. 14-57.003.

Sec. 734.101. - Running locomotives or cars over streets.

It is unlawful to run a railroad locomotive or car over a street in the City without the permission of the City, by ordinance. Every person having charge or management of a locomotive or car who violates this Section shall, upon conviction thereof, be punished as provided for class A offenses.

(Code 1965, § 30-1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.101.

Sec. 734.102. - Boarding moving locomotive or train.

No person shall board or enter upon a railway train, locomotive or railroad car while it is in motion, except those persons as have a right upon the train, locomotive or railroad car either as a passenger or as an employee. Violation of this Section shall constitute a class A offense.

(Code 1965, § 30-2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.102.

Sec. 734.103. - Reserved.

Editor's note— The provisions of former § 734.103, relative to proceeding across tracks while warning signals are operating, were deleted as part of the Super Supplement to the Code. Former § 734.103 derived from Code 1965, § 30-3; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1.

Note— Former § 608.103.

Sec. 734.104. - Obstructing crossings—Five minutes' duration.

(a)

No railroad locomotive, car, train or other vehicle shall be operated so as to close or obstruct a street or crossing in the City for a longer time than five minutes in a period of 15 minutes, except in cases of emergency. This provision shall not apply to trains in continuous motion but shall apply to trains or cars engaged in switching or engaged in loading or unloading. Violation of this Section by the owner or person in charge of a railroad train or car shall constitute a class C offense.

(b)

An emergency includes, but is not limited to, the following: a railroad accident or collision; a locomotive or rail-car mechanical failure; a track-switching or signal-system failure; or a blocking of the tracks themselves that is not due to or caused by any railroad company operations, or that is otherwise beyond the railroad company's control. An emergency does not include events such as delays in scheduling, delays in arrival, delays in delivery, or any other delay that is not the product of an unforeseen mechanical-breakdown in the rail cars' operation or passage between termini.

(Code 1965, § 30-16; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-954-610, § 1; Ord. 83-591-400, § 1; Ord. 91-1291-583, § 1)

Note— Former § 608.104.

Sec. 734.105. - East Bay Street crossing.

A person in charge of an engine or car who shall stop or permit to stop an engine or car upon a railroad track where the track crosses East Bay Street shall be punished as provided for class C offenses.

(Code 1965, § 30-17; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.105.

Sec. 734.106. - East Eighth Street crossing.

It shall be unlawful for a railroad company to make up trains or to stop a locomotive car or train on a track across East Eighth Street. Violation of this Section by a railroad company or person in charge of a railroad train shall constitute a class D offense.

(Code 1965, § 30-18; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.106.

Sec. 734.107. - Precautions at Carmen Street.

(a)

It shall be unlawful for a person in charge of the actual movement of a railway engine, train or cars to move or run the railway engine, train or cars across Carmen Street without first bringing the railway engine, train or cars to a full stop at least 15 feet from the nearest side of the street before crossing it.

(b)

No railway engine, train or cars shall cross Carmen Street at a rate of speed greater than eight miles an hour.

(c)

It shall be unlawful for a person to leave a railway engine, train or cars within 30 feet of the nearest side of Carmen Street.

(d)

A person operating railway engines, trains or cars across Carmen Street shall immediately place and continually maintain on each side of Carmen Street, not less than 15 feet from each side of the street and next to the track of the person operating the railway engines, trains or cars, a stop signboard to warn the crew of railway engines, trains or cars to stop them at that point before moving over the street. Violation of this Section by the owner or person in charge of a train shall constitute a class C offense.

(Code 1965, § 30-19; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.107.

Sec. 734.108. - Electric flash signals.

At every railroad crossing where electric flashlight signals are required, every person owning or operating a railroad train or car over the track or crossing shall install and maintain either automatic or manually operated electric flashlight signals of a design approved by the Association of American Railroads for street crossings and approved by the City Traffic Engineer.

(Code 1965, § 30-20; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2013-209-E, § 19)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 608.108.

Sec. 734.109. - Gates.

At every railroad crossing where gates are required, every person owning or operating a train over the tracks and crossing shall provide gates of modern and efficient design suitable for the purpose of protecting the public while a train or cars are passing over the street crossing.

(Code 1965, § 30-21; Ord. 70-650-526; Ord. 71-322-146, § 2; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.109.

Sec. 734.110. - Watchman.

At every railroad crossing where a watchman is required, every person owning or operating railroad trains over the tracks and crossing shall provide a watchman at the crossing whose duty it shall be at all times to give ample and timely warning to all vehicles and pedestrians of the approach of an engine or cars about to cross the street crossing.

(Code 1965, § 30-22; Ord. 70-650-526; Ord. 71-322-146, § 2; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.110.

Sec. 734.111. - Employee to precede train.

At every railroad crossing where an employee is required to precede the train, every person owning or operating railroad trains over the tracks and crossing shall provide a suitable person to walk across the street ahead of the train or cars, equipped during daylight with a red flag and at night with a lighted lantern in such a way as to give ample and timely warnings to all vehicles and pedestrians of the approach of a railroad train or car.

(Code 1965, § 30-23; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.111.

Sec. 734.112. - Protection required at specific crossings.

At the following designated railroad crossings of City streets, every person owning or operating a railroad train or cars over the crossing shall provide the following protection for vehicles and pedestrians:

(a)

At the following named streets an employee, as provided in Section 734.111, shall precede the train or cars:

(1)

Carmen Street.

(2)

Davis Street, south of Bay Street.

(3)

East Bay Street, east of Marsh Street.

(4)

East Union Street.

(5)

Evergreen Avenue.

(6)

First Street.

(7)

Florida Avenue.

(8)

Johnson Street.

(9)

Lee Street.

(10)

Liberty Street.

(11)

Market Street (except between 11th and 16th Streets).

(12)

Talleyrand Avenue.

(13)

Third Street.

(14)

Washington Street.

(15)

West Beaver Street, east of Myrtle Avenue.

In lieu of other protection, electric flashlight signals are authorized for the Seaboard Coastline Railroad crossing at Liberty and Market Streets.

(b)

At the following named streets a watchman or gates operated by a watchman, or automatically operated gates, shall be provided:

(1)

Boulevard.

(2)

East Eighth Street.

(3)

Edgewood Avenue.

(4)

Edison Avenue.

(5)

Forty-fourth Street at Seaboard Railroad.

(6)

Haines Street, south of Eighth Street.

(7)

Hubbard Street at Seaboard Railroad.

(8)

King Street.

(9)

Kings Road.

(10)

Laura Street at Seaboard Railroad.

(11)

Liberty Street at Seaboard Railroad.

(12)

McDuff Avenue, at Seaboard Railroad.

(13)

Main Street.

(14)

Market Street, between Eleventh Street and Sixteenth Street.

(15)

Moncrief Road, at Seaboard Railroad.

(16)

Moncrief Road between Thirty-sixth Street and the limits of the First Urban Services District.

(17)

Myrtle Avenue.

(18)

North Davis Street at Seaboard Railroad.

(19)

Pearl Street.

(20)

Silver Street, at Seaboard Railroad.

(21)

Sixty-third Street.

(22)

Stockton Street.

(23)

Twenty-first Street at Seaboard Railroad.

(24)

West Beaver Street, west of Myrtle Avenue.

(25)

West Eighth Street.

(26)

West State Street.

(27)

Winona Drive.

At the crossing of the railroad lines on Pearl Street, the railroads may provide an employee to precede the train or cars in accordance with the provisions of Section 734.111, in lieu of gates or a watchman.

(c)

In lieu of all other protection required by subsection (b) of this Section, electric flashlight signals are authorized for the crossing of:

(1)

Boulevard.

(2)

East Eighth Street.

(3)

Hubbard Street at Seaboard Railroad.

(4)

Kings Road.

(5)

Liberty Street, at Seaboard Railroad.

(6)

Main Street.

(7)

Market Street, between Eleventh Street and Sixteenth Street.

(8)

Moncrief Road, at Seaboard Railroad.

(9)

Moncrief Road, between Thirty-sixth Street and the limits of the First Urban Services District.

(10)

Myrtle Avenue.

(11)

Naldo Street, near Nira Avenue.

(12)

Nira Avenue, near Naldo Street.

(13)

North Davis Street at Seaboard Railroad.

(14)

Pearl Street.

(15)

Silver Street at Seaboard Railroad.

(16)

Twenty-first Street at Seaboard Railroad.

(17)

West Eighth Street.

(18)

Winona Drive.

(d)

At the following named streets every person owning or operating a railroad train or cars over the crossing shall provide the following protection for vehicles and pedestrians:

(1)

McDuff Avenue—two one-way traffic warning lights south of the tracks and one two-way traffic warning light at the intersection of McDuff Avenue and Post Street required.

(2)

Post Street—two one-way traffic warning lights South of the tracks and one two-way traffic warning light at the intersection of McDuff Avenue and Post Street required.

(3)

Stockton Street—electric flashlight signals with short-arm gates authorized for the Seaboard Coastline crossing in lieu of other protection.

(4)

Dunn Avenue at Seaboard Railroad, between U.S. 1 and Old Kings Road—electric flashlight signals required.

(Code 1965, § 30-24; Ord. GG-18, § 1; Ord. 70-133-79, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-172-104, § 1; Ord. 83-591-400, § 1)

Note— Former § 608.112.

Sec. 734.113. - Construction of crossing; minimum standards.

(a)

The minimum standards for railroad crossings of public streets, roads and rights-of-way in the City shall be as set forth on Drawing No. 969, dated March 23, 1960, prepared by the City Engineer of the former City of Jacksonville, consisting of two sheets, sheet No. 1 being entitled Standard Railroad Crossings for City of Jacksonville and sheet No. 2 being entitled Standard Railroad Crossings Filler Block for Type I, whereon are shown plans for the construction of Type I, Type II and Type III railroad crossings, the sheets having been approved by the City Commission of the former City of Jacksonville on May 24, 1960 and prints of which are on file with the Corporation Secretary and with the City Engineer.

(b)

Railroads constructing or reconstructing or causing to be constructed or reconstructed railroad crossings of public streets, roads or rights-of-way in the City shall comply with the minimum standards as follows:

(1)

On arterial streets, heavily traveled thoroughfares and municipal connecting-link roads, not less than the minimum requirements for Type I railroad crossings shall be met and provided.

(2)

On paved streets other than those described in subsection (a), not less than the minimum requirements for Type II railroad crossings shall be met and provided.

(3)

On graded or unimproved streets, not less than the minimum requirements for Type III railroad crossings shall be met and provided.

(Code 1965, § 30-25; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.113.

Sec. 734.114. - Approval of crossing construction.

No railroad crossing of a public street, road or right-of-way in the City shall be constructed or reconstructed until detailed plans therefor shall have been submitted to and approved by the City Engineer as being in compliance with the provisions of Section 734.113.

(Code 1965, § 30-26; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 608.114.

Sec. 734.115. - Sounding of train horns and whistles.

(a)

Between the hours of 10:00 p.m. and 6:00 a.m. on any day, when a railroad train is traveling within the City of Jacksonville, it shall be unlawful for any person, business or corporation operating such railroad train of a railroad company wholly within the State of Florida to blow, activate, or in any way permit or cause the blowing or activation of train whistles and/or horns in advance of any public railroad-highway grade crossing.

(b)

This Section relates only to public railroad-highway grade crossings having train-activated automatic traffic control devices, which include flashing lights, bells and crossing gates.

(c)

Violations of this Section by any person, business or corporation shall constitute a class D offense.

(Ord. 89-1320-668, § 1)

Sec. 718.105. - Penalties. Chapter 740 - SIDEWALKS, CURBS AND GUTTERS