§ 28-4. Crossings to be paved; failure to maintain crossings.

(a)

Railways, railroads, railroad corporations, receivers or assignees thereof operating in the parish shall be required to pave and keep in good repair all railway and railroad crossings intersecting any part of any public road, highway, or street, whether the same be paved, blacktopped or otherwise, in the parish. The railroad grade crossing shall be rubber pads or timber railroad crossings. This includes the space between the rails and shall extend to the width of the railroad right-of-way and conform to the existing and future street, road or highway, and whenever there are two (2) or more tracks crossing the said road, highway or street, the entire space between all of the tracks shall be rubberized or full width timber crossings. The rubberized or timber crossings shall be flush with the top of the rail and shall be of the same width as the connecting highway and conform to the Louisiana State Highway specifications, September 7, 1972, "Railroad Highway Grade Crossing Policy," a copy of which is on record in the clerk's office of the parish.

(b)

It shall be unlawful for any railway, railroad, railroad corporation, receiver or assignee thereof to suffer or permit its crossings over public streets, highways and roads to fall into a state of disrepair.

(c)

Failure of any railway, railroad corporation, receiver or assignee thereof, officer, managing agent or other supervising agent to repair and maintain the crossings of the railroad across streets, roads or highways in the parish in the manner as set forth in subsection (a) shall be prima facie evidence of a violation of this section.

(d)

Upon failure of the railway, railroad company, receiver or assignee thereof to repair or maintain any railroad crossing after having received written notice by registered and/or certified mail of the condition of the crossings and the violation of this section, then the parish shall be authorized to repair the crossing and put it into a good state of repair, in accordance with the provisions of this section.

(e)

The parish shall be authorized to recover all costs and expenses in connection with the repair and or maintenance of the crossing or crossings, including labor, materials and costs of collection, including reasonable attorney's fees, the cost of which shall be assessed against the offending railroad, and the total sum of which shall constitute a lien and privilege on the property of the railroad corporation situated or which may be found in the parish.

(f)

The parish is hereby authorized and empowered to purchase necessary equipment and to hire the necessary personnel to enforce the provisions of this section, and to pay for the same out of the general fund, and to bill the appropriate railroad the cost of the repair and maintenance thereof.

(g)

If any railroad corporation, officer or employee thereof or receiver or assignee thereof shall fail to properly maintain its crossings, at the written demand for maintenance thereof, then such person shall be guilty of a misdemeanor.

(Code 1961, § 14-5; Ord. No. 15742, § 3, 10-5-83)