56-414 - Bell and whistle or horn; when sounded.
§ 56-414. Bell and whistle or horn; when sounded.
Every railroad company shall provide each locomotive passing upon its roadwith a bell of ordinary size and steam whistle or horn, and such whistle orhorn shall be sharply sounded outside cities and towns at least twice at adistance of not less than 300 yards nor more than 600 yards from the placewhere the railroad crosses upon the same level any public highway orcrossing, and such bell shall be rung or whistle or horn sounded continuouslyor alternately until the locomotive has reached such highway crossing, andshall give such signals in cities and towns as their local governing bodiesmay require.
The governing body of any county, city, or town may by ordinance requirelocomotives to sound their whistle upon approaching designated railroadtrestles or bridges having lengths of 100 feet or more. Notice of any suchrequirement shall be given by registered mail to the registered agent of therailroad operating in the affected county, city, or town. Affected railroadsshall comply with any such ordinance within 30 days of receiving the notice.
The governing body of any county, city, or town may, by ordinance adoptedfollowing a public hearing, petition the State Corporation Commission toenter an order, pursuant to the Commission's Rules of Practice and Procedure,requiring locomotives to sound their whistle or horn at specificallyidentified private crossings in the same manner as required for publiccrossings. If the Commission should deem the blowing of the locomotivewhistle at such private crossings to be necessary in the interest of safetyunder all relevant circumstances, then it shall enter an order. The affectedrailroad shall comply with the order within 90 days of receipt by itsregistered agent of notice sent by registered mail and the locality mustfirst install stop signs on both sides of such private crossing, to be paidfor by the locality or the landowner. The Commission may establish andcollect a fee, not to exceed its actual costs, from applicants for an orderto sound locomotive whistles pursuant to this section.
(Code 1919, § 3958; 1950, p. 944; 1956, c. 164; 1993, c. 483; 2003, c. 287.)