§ 32-3. Blocking.

(a)

It shall be unlawful for any railroad train (engine, car or cars) of any description to obstruct a railroad crossing, or any portion of the width of a crossing, of any public street in the City of Irving for any length of time whatsoever unless a brakeman or other employee of such railroad company is at such crossing, or is immediately available, to uncouple the engines or cars so that emergency vehicles of the police and fire departments of the City of Irving may proceed across such crossing.

(b)

Further, it shall be unlawful for any railroad train at any time, regardless of whether or not uncoupling personnel are available, to remain as an obstruction of the crossing, or any portion of the width thereof, for a longer period than five (5) consecutive minutes except that this subsection shall not apply to any through train passing over such crossing in constant forward motion or constant backward motion, nor shall it apply if the train is stopped because of any emergency, a natural disaster, or an obstruction of the tracks that is beyond the control of the said train or its parent company.

(c)

Further, it shall be unlawful for any railroad train (engine, car or cars) of any description to obstruct a railroad crossing, or any portion of the width of a crossing, of any public street in the City of Irving for any period of time, regardless of whether or not uncoupling personnel are available, between the hours of 7:00 a.m. to 8:30 a.m., and 4:00 p.m. to 6:00 p.m., Monday through Friday of each week except that this subsection shall not apply to any through train passing over a crossing in constant forward motion or constant backward motion, nor shall it apply if the train is stopped because of an emergency, a natural disaster, or an obstruction of the tracks that is beyond the control of the said train or its parent company.

(d)

Any person violating, or causing or permitting to be violated any provision of this section shall be guilty of a misdemeanor, and the penalty prescribed by this Code or such violation shall extend to any and all persons in actual control of such engine or cars, to any and all persons having direction over the movement of such engine or cars, and any and all general division officers of any corporation owning or controlling such engines or cars, who shall have the authority to give orders in relation to the disposition of such engines or cars at and about the crossings, who shall fail to give the necessary orders or fail to enforce such orders when given.

(e)

Further, that the obstruction of a railroad crossing by a train in one of the above and foregoing described and forbidden circumstances shall be deemed a nuisance and a hazard and a danger to the health, safety and welfare of the citizens and City of Irving, and the department of police of the City of Irving, or any officer thereof, shall have the right to move said train to cease said obstruction, or to order those in control of said train to move said train to cease said obstruction, and further, that anyone in control of said train or its cars who fails to move said train and cease said obstruction after being specifically ordered to do so by the department of police, or any officer thereof, shall be guilty of a misdemeanor, and the penalty for same shall be the penalty prescribed by this Code for such violations.

(Ord. No. 859, §§ 39-22, 39-23; Ord. No. 2518, § 1, 5-17-73; Ord. No. 2797, § 1, 9-4-75; Ord. No. 4613, § 1, 2-7-85)

State law reference

Railroads blocking crossings, V.T.C.A., Transportation Code § 471.007.