§ 21-2. Crossings required.

(a)

All railroad companies and corporations operating in or across the streets, alleys or public ways of the city are hereby required to construct and maintain safe, suitable and smooth crossings at all points where the tracks of such railroad companies and corporations run in or across the streets, alleys or public ways of the city, which requirement of construction and maintenance applies to those areas between the tracks and from the tracks to the ends of the crossties on either side of such tracks.

(b)

In addition to the duties established by paragraph (a) of this section which shall be enforced irrespective of the provisions of this subsection, all railroad companies and corporations operating in or across the streets, alleys or public ways of the city are hereby further required to construct and maintain the crossings at all points where the tracks of such railroad companies and corporations run in or across the streets, alleys or public ways of the city as follows:

(1)

Prior to the construction of any new crossing the railroad company or corporation constructing such crossing shall submit plans and material specifications with reference to the construction of such crossing to the director of public works, or other designated agent of the city administrator, and shall obtain approval of such plans and material specifications prior to the construction of such crossing.

(2)

On thirty (30) days' written notice from the director of public works, or other designated agent of the city administrator, to any railroad company or corporation maintaining a crossing, the notified railroad company or corporation shall perform all required maintenance activities, using those materials specified in the notice, so as to cause such crossing to be safe, suitable and smooth.

(Code 1976, § 30-268)

State law reference

Railroad crossings, A.C.A. § 23-12-301 et seq.