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ORDINANCE NO . 2582
AN ORDINANCE AMENDING THE
MUNICIPAL CODE OF THE CITY OF
AMES, IOWA BY REPEALING SECTION
33-15005 , "TRAINS BLOCKING
CROSSINGS" , AS SAID SECTION HAS
HERETOFORE EXISTED PURSUANT TO
ORDINANCE NO . 2178, AND ENACTING
A NEW SECTION 33-15005, "TRAINS
BLOCKING CROSSINGS" FOR THE
PURPOSE OF MAKING THE PROVISIONS
OF THE MUNICIPAL CODE OF THIS
MATTER CONSISTENT WITH THE LAWS
OF THE STATE OF IOWA AS ENACTED
IN H.F. 1480 BY THE 66th GENERAL
ASSEMBLY ON JUNE 28, 1976 ;
PROVIDING A PENALTY; REPEALING
ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH
TO THE EXTENT OF SUCH CONFLICT;
AND, ESTABLISHING AN EFFECTIVE
DATE .
BE IT ENACTED, by the City Council of the City
of Ames , Iowa:
Section 1. The Municipal Code of the City of Ames , Iowa
shall be and is hereby amended by repealing therefrom
Sec. 33-15005 . "Trains Blocking Crossings" as said section
has herebefore existed.
Section 2 . The Municipal Code of the City of Ames, Iowa
shall be and is hereby further amended by enacting a new
Sec. 33-15005 . "Trains Blocking Crossings" , said new
section to read as follows :
"Sec. 33-15005 . Trains Blocking Crossings .
A railroad corporation or its employees
shall not operate any train in such a manner
as to prevent vehicular use of any highway ,
street or alley for a period of time in excess
of ten minutes except:
1 . When necessary to comply with
signals effecting the safety of the
movement of trains .
2 . When necessary to avoid striking
any object or person on the track .
3 . When the train is disabled.
4 . When the train is in motion
except while engaged in switching
operations .
5 . When there is no vehicular
traffic waiting to use the crossing.
6 . When necessary to comply with
governmental safety regulations .
Any officer or Employee of a railroad
corporation violating any provision of this
section shall be guilty of a misdemeanor. An
employee shall not be guilty of such violation
if his action was necessary to comply with the
direct order or instructions of a railroad
corporation or its supervisors . Such guilt
shall then be with the railroad corporation. "
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Section 3 . Violation of this ordinance shall constitute
a misdemeanor.
Section 4 . All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 5 . This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
Passed this 18th day of January 197 7.
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Mary E . Paul , City Clerk Lee F llinger, M or