Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.28 RAILROAD TRACKS
12.28.010 Tracks of street railroad crossing street being paved.
12.28.020 Tracks of railroad crossing street being paved.
12.28.030 Pavement by railroads to be same as rest of street.
12.28.040 Tracks and pavement to be laid in accordance with approved plans.
12.28.050 Tracks--Maintenance of pavement between--Notice to repair.
12.28.060 Tracks--Repairs to be made by city if not made upon notice.
12.28.070 Tracks--Type and laying.
12.28.080 Tracks--Removal and replacement.
12.28.090 Tracks--Abandonment--Repaving.
12.28.100 Tracks where improved type of pavement is in use.
12.28.110 Spur tracks--Permit required--Application.
12.28.120 Spur track permit--Deposit.
12.28.010 Tracks of street railroad crossing street being paved.
Wherever any street railroad operating upon the public streets of the city
crosses any public street in said city which is being paved with a hard-surfaced
pavement upon a concrete foundation such as sheet asphalt, basalt blocks,
vitrified brick or other similar material, any person operating such street
railroad shall, at the time the work of paving is done on the cross street,
reconstruct, to the satisfaction of the Director of Public Works/Superintendent
of Streets of the city, the tracks of such street railroad at such crossing in
the manner shown upon that certain plan prepared by the City Engineer, entitled
“Sectional Plan of Street Railway Tract Construction for Street
Intersection (Type ‘A’) Oakland, California, August 1919,” and
filed on the 26th day of August 1919, in the office of the City Clerk of said
city. (Prior code § 6-2.27)
12.28.020 Tracks of railroad crossing street being paved.
Whenever any railroad operating upon the public streets of the city, other
than a street railroad, crosses any public street in the city which is being
paved with a hard-surfaced pavement upon a concrete foundation such as sheet
asphalt, basalt blocks, vitrified brick or other similar material, any person
operating such railroad, other than said street railroad, shall, at the time the
work of paving is done on the cross street, reconstruct, to the satisfaction of
the Director of Public Works/Superintendent of Streets of the city, the tracks
of such railroad at such crossing in the manner shown upon that certain plan
prepared by the City Engineer, entitled “Sectional Plan of Heavy-type
Railroad Track Construction for Street Intersection (Type ‘A’)
Oakland, California, August 1919,” and filed on the 26th day of August,
1919, in the office of the City Clerk of said city. (Prior code §
6-2.28)
12.28.030 Pavement by railroads to be same as rest of street.
In all cases where a public street within the city is now, or shall be
hereafter, paved with bithulithic, concrete, or oil-macadam, that portion of
such street to be kept in order or repair by any street railroad having a track
or tracks thereon, shall be paved with the same pavement as the other portion of
the street.
The laying of said pavement upon such portion of such street
shall be commenced within ten days after the completion and acceptance by the
Superintendent of Streets/Director of Public Works of the pavement upon the
remainder in width of such street.
The provisions of this section shall
apply to all existing franchises and all franchises hereafter granted, but shall
not apply to Broadway or Washington Streets, or to Fourteenth Street between
Broadway and Washington Streets. (Prior code § 6-2.29)
12.28.040 Tracks and pavement to be laid in accordance with approved plans.
All car tracks to be hereafter laid by any person in the city, and all
street pavement and roadway to be laid within the space required by law to be
maintained by railway companies, shall be constructed according to detail plans
which must be prepared by the party or parties who propose to do the work. Said
plans must be submitted to and approved by the City Engineer before construction
begins, and all work must be done to the satisfaction of the City Engineer and
Director of Public Works/Superintendent of Streets. All existing tracks and
street pavement and roadways, the design of which is not approved by the City
Engineer, when removed for any other purpose than ordinary repair of roadbed,
must be replaced by track or pavement conforming to the above requirements. The
plans as aforesaid must show in detail a cross-section of the proposed track and
pavement and roadway, and the alignment of all railway tracks must be
satisfactory to the City Engineer.
All railroad tracks and street pavement
must be laid on the official grade of the street, and all existing tracks and
street pavement not on official grade must be reconstructed upon the order of
the City Council. (Prior code § 6-2.30)
12.28.050 Tracks--Maintenance of pavement between--Notice to repair.
Any person owning or operating any car track or tracks in the city, shall
be required to maintain and sprinkle said track or tracks and the pavement and
roadway between and adjacent thereto and two feet each side thereof in a
condition satisfactory to the City Manager and the Director of Public Works/
Superintendent of Streets of said city.
Any owner, superintendent or other
officer of any corporation or association, owning or operating any street
railroad in the city, shall, upon notice from the Director of Public
Works/Superintendent of Streets of the city, make all repairs specified in said
notice. Any car track which presents serious obstruction to travel in the
crossing of vehicles will be subject to removal by the Director of Public
Works/Superintendent of Streets without notice to the owners or officers in
charge of said track. (Prior code § 6-2.31)
12.28.060 Tracks--Repairs to be made by city if not made upon notice.
After service of notice to make any repairs as provided for in Section
12.28.050, and the time for beginning work as specified having expired, the
Director of Public Works/Superintendent of Streets may proceed to make any
necessary repairs.
Any work provided for by Section 12.28.050 must be
commenced within three days after service of notice and prosecuted diligently to
completion unless the time for beginning work is otherwise specified in said
notice. (Prior code § 6-2.32)
12.28.070 Tracks--Type and laying.
All tracks hereafter to be laid for any street railroad in any public
street in the city shall be constructed of standard rails of the most approved
pattern, and in a good and substantial manner, and so as to present the least
possible obstruction to travel and the crossing of vehicles. All rails
heretofore in use which do not conform to the foregoing provisions, when removed
for any other purpose than for ordinary repair of the roadbed, stringers or
ties, shall be replaced by rails conforming, and in a manner conforming to said
foregoing provisions.
All tracks for any street railroad now, or hereafter
to be, constructed in any public street in the city shall be laid in such a
manner that the top of the rail or rails shall be flush with the street between
the rails and for two feet on either side of such rails and between the tracks,
if there is more than one. (Prior code § 6-2.33)
12.28.080 Tracks--Removal and replacement.
No track or tracks, in use by any street railroad in the city and laid in
any public street in said city, shall be taken up or removed to any part of said
street or elsewhere, for temporary or other purposes, without first obtaining
permission for said work from the Council of the city.
Whenever any such
track or tracks are taken up for temporary purposes, such track or tracks must
be replaced promptly and with as little obstruction to travel as possible, and
in accordance with the provisions of this title applicable thereto.
All such
tracks for said street railroads in the city shall be laid in accordance with
the official grade of the public street in which such tracks are laid, and
whenever the grade of any such street is changed such tracks shall be relaid
promptly to conform to the change of grade. (Prior code § 6-2.34)
12.28.090 Tracks--Abandonment--Repaving.
Whenever any street railroad track laid in or upon any public street in
the city is taken up for abandonment of its use, the person owning or
controlling such street railroad track shall remove such track promptly and
repave that portion of the street formerly used by the tracks so removed between
the rails and for two feet on either side thereof. Such repavement and all
paving required by the provisions of this title relative to tracks shall be done
with similar materials, of as good quality as the adjacent roadway, and shall be
done in accordance with the general specifications provided by ordinance or
otherwise for similar street work. (Prior code § 6-2.35)
12.28.100 Tracks where improved type of pavement is in use.
In all cases where any public street in the city is paved with asphalt,
bitumen, wooden blocks or other improved paving material, and when a portion of
such street is to be kept in repair by any street railroad, such portion of said
street shall not be macadamized or remacadamized nor shall any macadam be laid
thereon, and such portion of said street which is to be kept in repair by any
street railroad must be properly paved and such paving must be done to the
satisfaction of the Director of Public Works/Superintendent of Streets of the
city.
All work hereinbefore in this title required to be done by a street
railroad company shall be done promptly, in a good, substantial manner and to
the satisfaction of the Director of Public Works/Superintendent of
Streets.
No owner, or any superintendent, or other official of any firm,
corporation or association, owning, operating or controlling any street railroad
in the city, shall cause, or knowingly allow, any work to be done or fail to be
done in violation of the provisions of this title. (Prior code §
6-2.36)
12.28.110 Spur tracks--Permit required--Application.
No person, firm, or corporation shall lay down, or cause to be laid down
on any public street, or portion thereof, in the city, a spur or side track, or
to run or permit or cause to be run thereon, any cars without first obtaining a
permit therefor from the Council of the city. Such tracks shall be used
exclusively for the transportation of freight between the main line, or part
thereof, of the railroad and warehouses, manufactories, or other business
industries and enterprises, and shall not be used as the main line or any part
thereof. Such tracks shall be laid level with the street and shall be operated
in such manner as not to interfere with the use of the street by the public. The
application shall contain such information, plans, profiles, and specifications
as shall be requested by the Director of Public Works/Superintendent of Streets.
All permits granted hereunder shall be by Council resolution setting forth such
conditions and terms as the Council may prescribe. Said resolution shall be
revocable by resolution adopted at the pleasure of the City Council. (Prior code
§ 6-2.67)
12.28.120 Spur track permit--Deposit.
Each application to the Council for a spur track permit shall be
accompanied by a deposit. (Prior code § 6-2.68)
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