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BULLET St. Louis City Revised Code Chapter 8.92 Street Railways

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Chapter 8.92
Street Railways

Sections:

8.92.010 Application of chapter.
8.92.020 License--Required.
8.92.040 License--Fee--Failure to pay.
8.92.050 License--Revocation.
8.92.060 Passenger indicator--Report.
8.92.070 Report--Investigations.
8.92.080 Report--Failure to make, false.
8.92.090 Effect of Sections 8.92.030 and 8.92.050--8.92.070.
8.92.100 Rules and regulations for running streetcars.
8.92.110 Regulations when tracks intersect with railroad and other streetcar tracks.
8.92.120 City and company liability.
8.92.130 Interference with operation of fire department.
8.92.140 Quarterly reports.
8.92.150 Improving motive power--Authorized.
8.92.160 Improving motive power--Restrictions.
8.92.170 Fare increases--Freight.
8.92.180 Franchise surrender.
8.92.190 Tracks--Grade--Gauge.
8.92.200 Tracks--Failure to comply with Section 8.92.190.
8.92.210 Tracks--Construction and reconstruction.
8.92.220 Tracks--Repairs.
8.92.230 Streets and approaches to be kept clean.
8.92.240 Use of tracks of another company--Compensation.
8.92.250 Use of tracks of another company--Commission--Appointment.
8.92.260 Use of tracks of another company--Commission--Proceedings--Report.
8.92.270 Use of tracks of another company--Bond--Compensation payments.
8.92.280 Use of tracks of another company--Appeal.
8.92.290 Use of tracks of another company--Limitations.

V.A.M.S:

391.010 et seq. Street railroads

McQuillin:

24.667 et seq. Motorbuses, street railways and railroads

8.92.010 Application of chapter.

Every person having any street railway franchise or connected with or engaged in the business of transporting passengers from any one point to any other point within the City, for hire, on street railways, shall be subject to all the conditions, stipulations, provisions and requirements of this chapter.
(1948 C. Ch. 63 8: 1960 C. 595.101.)

8.92.020 License--Required.

Every person engaged in the business of transporting passengers from one point to another within the City, for hire, on street railways, shall pay a license fee to the City.
(1948 C. Ch. 63 29: 1960 C. 597.010.)

McQuillin:

26.169 Licensing of street railways

8.92.040 License--Fee--Failure to pay.

On the sixteenth day of April, July, October and January of each year the License Collector shall notify all persons required to pay a streetcar license fee, to pay the license fee; and any of them refusing, failing or neglecting to pay such fee within ten days after having received the notice, shall be deemed guilty of a misdemeanor, and each day of the failure, neglect or refusal shall constitute a separate offense.
(1948 C. Ch. 63 34: 1960 C. 597.060.)

8.92.050 License--Revocation.

A failure, refusal or neglect to pay the license fee as required by Section 8.92.040 for thirty days after the same is payable shall operate as a revocation of any existing or subsequent license the parties may have obtained to operate streetcars in this city.
(1948 C. Ch. 63 35: 1960 C. 597.070.)

8.92.060 Passenger indicator--Report.

Every person who is required to pay a streetcar license fee, shall provide for, and equip each car used by it for transportation or carrying passengers, with a suitable register or indicator, capable of registering passengers to a number not less than nine thousand nine hundred and ninety-nine, and upon which shall be registered, rung up or indicated in continuous numerical succession the number of passengers who have paid for transportation on such car, and the conductor or person collecting the fare shall ring up or register each passenger as the fare is collected.

Every such person shall each day furnish the register of the city with a report or table showing the number of pay or revenue passengers transported on each respective car operated by it on the preceding day, each car to be identified by its number, and also the number or figures shown on the passenger register or indicator at the time each car started on its first trip for the day covered by the report, to be designated as beginning number; the report or table shall also show the number of figures shown on the passenger register or indicator when the car was discontinued from carrying passengers on such day, which shall be designated as closing number.

The report or table for a day preceding a legal holiday or a Sunday shall be furnished on the first secular day thereafter.

If the furnishing of the table or report on the day provided for in this section becomes impossible by reason or circumstances beyond the control of the person or company required to furnish the same then it shall be furnished as soon thereafter as possible.
(1948 C. Ch. 63 31: 1960 C. 597.030.)

8.92.070 Report--Investigations.

The comptroller of the city, or he, acting through his authorized deputies shall be, and hereby is, authorized to investigate the correctness and accuracy of the returns or reports required in Section 8.92.060, and for that purpose shall have access at all reasonable times to the registers, books, documents and reports bearing on the same, of any person required to make the report or table.
(1948 C. Ch. 63 32: 1960 C. 597.040.)

8.92.080 Report--Failure to make, false.

Every person refusing or neglecting to make the report provided for in Section 8.92.060, or making any false or fraudulent report, or interfering in the performance of the duties of the comptroller provided for in Section 8.92.050, shall be deemed guilty of a misdemeanor.
(1948 C. Ch. 63 33: 1960 C. 597.050.)

8.92.090 Effect of Sections 8.92. 030 and 8.92. 050--8.92. 070.

Nothing in Sections 8.92.030 and 8.92.050--8.92.070 shall be construed as exempting or excusing any person embraced therein from the payment of any sum agreed, assumed or required to be paid by the terms of any special ordinance, agreement or contract, nor as replacing or affecting the same in any way, nor shall such sections be construed as impairing or affecting any license heretofore obtained.
(1948 C. Ch. 63 36: 1960 C. 597.080.)

8.92.100 Rules and regulations for running streetcars.

The following rules, regulations and provisions concerning the running and management of street railway cars shall be binding upon every person taking out license under the provisions of this chapter, or managing, controlling or operating streetcars in the city:

A. Not to be kept standing. No cars, when not in actual use for passenger travel, shall be kept standing in any street or public thoroughfare, except for the convenience of the public and when manned by motormen and conductors.

B. Stopping in front of intersections. No car shall be allowed to stop in front of any intersecting street, except to avoid collision or to prevent danger to persons in the street.

C. Stopping on crosswalks. No car shall be allowed to stop on a crosswalk except when signaled or required to stop to receive or discharge passengers, in which case it shall be stopped, leaving the rear platform partly over the crossing or crosswalk, and except to avoid collision or to prevent danger to persons in the streets.

D. Vigilant watch to be kept. The conductor, motorman, gripman, driver or any other person in charge of each car shall keep vigilant watch for all vehicles and persons on foot, especially children, either on the track or moving towards it, and on the first appearance of danger to such persons or vehicles, the car shall be stopped in the shortest time and space possible.

E. Entering or leaving while in motion. Conductors shall not allow women or children to leave or enter the cars while the cars are in motion.

F. Announcement by conductors. Conductors shall announce to passengers the names of the streets about to be crossed, and the places where the cars connect with passengers from any one point to any other point within the city.
(1948 C. Ch. 63 9: 1960 C. 595.020.)

V.A.M.S.:

82.460 Streetcar gates, passengers, regulation

Cases:

Vigilant watch ordinance required streetcar operator not only to keep vigilant watch for vehicles on streetcar track but for vehicles moving toward track and, on first appearance of danger to any such vehicle, to stop as quickly as possible. Pijut v. St. Louis Public Service Co., 350 S.W. 2d 778 (1961).

Streetcar motorman is required to stop upon first appearance of danger under the vigilant watch ordinance. Abernathy v. St. Louis Public Service Co., 240 S.W. 2d 914 (1951).

The vigilant watch ordinance of the city is valid as a reasonable requirement within the power to control streets and the power to regulate their use and promote public safety. State v. Reynolds, 244 S.W. 929, 295 Mo. 375 (1922).

McQuillin:

24.691 Regulation of street railways

8.92.110 Regulations when tracks intersect with railroad and other streetcar tracks.

At all points where the streetcar track may intersect or cross any steam railroad track, every streetcar shall be brought to a full stop not less than ten or more than twenty-five feet from nearest point of intersection, and shall not proceed to cross the railroad track until, upon sufficient investigation, the conductor, or other proper agent appointed by the company for that purpose, is assured there is no danger of collision, whereupon the person in control of the car shall be signaled to proceed. At all points where the street railway track intersects or crosses other street railway tracks, the car shall be stopped immediately before crossing the same, so as to avoid danger of collision. The car going in an eastwardly or westwardly direction over, on or crossing any intersecting street upon which other streetcars are run shall be entitled to the right-of-way to pass before any car going in a northwardly or southwardly direction at the point of intersection of the streets. It shall be the duty of the conductor, motorman, gripman, driver or any other person in charge of the car going in a northwardly or southwardly direction to run the car when approaching the intersection of other street railways so as to stop in due time and give the right-of-way to the car going in an eastwardly or westwardly direction on the intersecting line. In no event shall this clause be so construed as to sanction or allow a wilful or wanton collision by the conductor, motorman, gripman or driver of a car running in an eastwardly or westwardly direction.
(1948 C. Ch. 63 10: 1960 C. 595.030.)

V.A.M.S.:

391.240 Duty of streetcars where tracks cross railroad tracks

8.92.120 City and company liability.

The city shall not be held liable to any railway company or individuals for any damage resulting from the breaking of any sewer, or any water or gas pipes, or from any delay in the transportation of persons that may be caused thereby, or from delays or damages caused by fire or otherwise; but any such railway company or individuals shall be liable for any loss or injury that any person may sustain by reason of any carelessness, neglect or misconduct of their servants or agents in the management, construction or use of their track or cars.
(1948 C. Ch. 63 15: 1960 C. 595.040.)

8.92.130 Interference with operation of fire department.

No privilege or authority granted shall be so construed as in any manner to interfere with the operation of the fire department of the city, but in all instances in cases of fire, the use of the streets where railroad tracks are laid shall be subservient to the necessities of the fire department.
(1948 C. Ch. 63 16: 1960 C. 595.050.)

8.92.140 Quarterly reports.

It shall be the duty of each and all of the street railroad companies in the city to report, under oath, to the city register, between the first and fifteenth days of the months of April, July, October and January of each year, by their president, secretary or superintendent, the number of trips made, the distance in miles traversed thereby, the number of passengers carried over the road, of which the person making the report is an officer, the number of cars operated, and the number of revenue or pay passengers carried on each car respectively, during the preceding three months ending on the last day of the months of March, June, September and December. Any street railway company failing to make the report required by this section shall be guilty of a misdemeanor, and every day that the report remains delinquent shall be considered a separate offense.
(1948 C. Ch. 63 17: 1960 C. 595.060.)

8.92.150 Improving motive power--Authorized.

The street railroad companies in the city are authorized and empowered to use any improved motive power or motor for the traction or propelling of cars over their respective lines, such permission to be subject to restrictions and conditions as may be imposed by ordinance of the city, and subject to revocation by ordinance.
(1948 C. Ch. 63 19: 1960 C. 595.070.)

8.92.160 Improving motive power--Restrictions.

Section 8.92.150 shall have force and effect only upon and as to such street railroads and street railroad companies as may file with the city register a written acceptance of Sections 8.92.150--8.92.170, as an amendment to their respective charters.
(1948 C. Ch. 63 20: 1960 C. 595.080.)

8.92.170 Fare increases--Freight.

Nothing contained in this chapter shall be construed to authorize an increase of the rate of fare as now established, nor to allow the transportation of freight over street railroads, nor to allow the use of the ordinary dummy or box car, engine or locomotive of the kind now used upon steam railroads in this state.
(1948 C. Ch. 63 21: 1960 C. 595.090.)

McQuillin:

24.713 Taxes and transfer

8.92.180 Franchise surrender.

Any street railway company unable or indisposed to carry forward its business may notify the mayor of such indisposition, and surrender thereby all of its chartered rights or franchises; but the company desiring so to do, shall first give not less than sixty days' notice in writing to the mayor of such intention, and intended action, and after giving notice, the surrender contemplated or referred to therein shall not be revoked or withdrawn except by permission of the mayor given before the expiration of the time limited in the notice for the surrender to take place and no such company shall be authorized to surrender a part only of its chartered rights or franchises and retain the remainder, unless sanctioned by ordinance duly enacted as required by law.
(1948 C. Ch. 63 28: 1960 C. 595.100.)

8.92.190 Tracks--Grade--Gauge.

All street railroad tracks shall be constructed and reconstructed at the established grade of the streets. The gauge between the rails shall be established by the board of public service.
(1948 C. Ch. 63 11: 1960 C. 596.010.)

McQuillin:

24.714 et seq. Tracks and roadbed

8.92.200 Tracks--Failure to comply with Section 8.92. 190.

Any failure, refusal or neglect of any street railroad company or corporation, or any officer thereof to comply with the provisions of Section 8.92.190, shall be deemed a misdemeanor, and upon conviction of the company, corporation or officer thereof, he or it shall be fined not less than fifty dollars nor more than five hundred dollars for each and every rail so laid by the company not in compliance with the provisions of this and Section 8.92.210.
(1948 C. Ch. 63 12: 1960 C. 596.020.)

8.92.210 Tracks--Construction and reconstruction.

Whenever, by authority of an ordinance of the city, the carriageway of any street upon which one or more railway tracks are laid, is to be constructed or reconstructed, the director of streets shall notify the railroad company whose track is laid on the street, to construct or reconstruct in like manner, and with the same kind of material as specified in the ordinance, the space between the rails and the space between the tracks where there is a double track or more, and twelve inches outside of each rail; provided, however, that a better material may be used between the rail, if approved by the director of streets, and the work shall be executed and completed as rapidly as the street improvement is executed and completed.

A failure to observe this section shall, as to each block or part of block of the street improved, constitute a separate offense, and the person offending, shall, on conviction, be deemed guilty of a misdemeanor.
(1948 C. Ch. 63 13: 1960 C. 596.030.)

8.92.220 Tracks--Repairs.

All street railroad companies shall keep in repair the space between the rails and the space between the tracks where there is a double track or more and twelve inches outside of each outside rail. The repairs shall be made and maintained with the material the street is paved with; provided, however, that a better material may be used with the approval or by the direction of the street commissioner. Every failure to observe this section shall constitute an offense, and the corporation offending shall be deemed guilty of a misdemeanor. Each day a given location remains unrepaired after the expiration of twenty-four hours from the time a written or printed notice to repair the same is issued by the street commissioner and is delivered at the office of the company in the city, shall constitute a separate offense.
(1948 C. Ch. 63 14: 1960 C. 596.040.)

Charter:

Art. XIX 4 Maintenance of streets by street railroads

V.A.M.S.:

391.190 Companies to keep tracks in repair

Cases:

In action against street railway company for death of child, reading of ordinance concerning defendant's duty to keep street in repair held proper. Callahan v. United Rys. Co., 263 S.W. 443 (1924).

Under the city charter, street car companies are required to keep the streets within a certain distance of their rails in repair,and to keep the street as near even with the top of the rails as possible, and a company is liable for its failure both to the city and a private person. Asmus v. United Rys. Co. of St. Louis, 134 S.W. 92, 152 Mo. App. 521 (1911).

McQuillin:

24.36 Keeping streets in good condition as franchise condition

8.92.230 Streets and approaches to be kept clean.

All street railroad companies in St. Louis shall keep free from mud, snow and dust the approaches to their cars in use at the termini of their lines, whether main lines or extensions, and at the car barns and power houses of the companies, and all other places where the cars stop, otherwise than momentarily to receive or discharge passengers, and shall maintain clean and proper footways between the cars of the main line and the extension where passengers are transferred; and shall keep the streets occupied by them between the rails and between the track where there is a double track or more, and for a space of twelve inches outside of each rail, in clean condition by the removal of all snow, dust, dirt, mud and offal therefrom. The snow, dust, dirt, mud and offal shall be hauled away by the railroad companies and shall not be deposited on the streets. Every day upon which any company fails to comply with this section shall constitute a separate offense and the corporation offending, shall, on conviction, be deemed guilty of a misdemeanor.
(1948 C. Ch. 63 18: 1960 C. 596.050.)

McQuillin:

24.36 Keeping streets in good condition as franchise condition

8.92.240 Use of tracks of another company--Compensation.

Any street railroad company which is or may be hereafter authorized by ordinance of the city to operate a line of street railroad cars along, across or upon any street of the city, along, across or upon which street any other street railroad company then owns a street railroad, the first-mentioned company may operate and run its cars over the track of the other company across, along and upon such streets as it may by ordinance aforesaid be authorized to run and operate its road, upon the payment of just compensation, to be ascertained under the rules and regulations prescribed in Sections 8.92.250--8.92.290.
(1948 C. Ch. 63 22: 1960 C. 598.010.)

Charter:

Art. XIX 5 Use of tracks of one street railroad by another

V.A.M.S.:

391.150 Use of other companies' tracks

8.92.250 Use of tracks of another company--Commission--Appointment.

When any street railroad company shall desire to operate a line of streetcars over the track of any other street railroad company, or part thereof, as provided in Section 8.92.240, and an agreement cannot be had between the companies as to the compensation to be paid therefor by the company so desiring, the compensation shall be ascertained by a commission of three disinterested freeholders of the city, to be chosen and appointed in the following manner.

The company desiring to use the track may make written application to that effect to the mayor, accompanied by plans and specifications showing the extent of track it desires to use, first giving ten days' notice in writing to the railroad company whose track it is designed to use, of the time and purport of the application. On receipt of the same, with evidence of notice, the mayor shall give notice to each of the companies to report to him in writing within ten days thereafter, the name and address of one disinterested freeholder of the city, to act as its chosen commissioner. Upon the expiration of the ten days aforesaid, the mayor shall forthwith appoint a third disinterested freeholder of the city to act as commissioner, and shall also appoint one freeholder to represent either of the companies which shall have refused or neglected to appoint a commissioner within the time aforesaid. Thereupon the mayor shall give notice to the commissioners so appointed of their appointment, and shall turn over to them all papers in his possession, relating to the matter in controversy, and in case of vacancy in the board of commissioners, caused by death or refusal to serve of any of the commissioners, or for any other cause whatever, the mayor shall appoint a commissioner to fill the vacancy. All the commissioners provided for under the provisions of this section shall be freeholders, residents of the city, and shall not be interested in any manner as stockholders, bondholders, lienholders or officers or employees of either of the street railway companies in question. When appointed, the commissioners shall proceed to determine the compensation to be paid and the time and manner of its payment; provided, that in case one or more street railroad companies shall thereafter be authorized to operate, and do cause to be operated a line of street railroad cars upon the track, the compensation paid by the company or companies already occupying the track may, upon application of either of the companies to the mayor, be revised and readjusted by a commission of three disinterested freeholders, chosen and appointed in the manner prescribed in this section. And either party may apply for a readjustment of the terms of compensation once in each period of two years, to be determined as prescribed in this section.
(1948 C. Ch. 63 23: 1960 C. 598.020.)

V.A.M.S.:

391.160 Compensation for using tracks of another company

8.92.260 Use of tracks of another company--Commission--Proceedings--Report.

The commissioners appointed under the provisions of Section 8.92.250, before proceeding to hear any testimony, shall take and subscribe an oath before some officer duly authorized to administer an oath, that they possess all the qualifications required in Section 8.92.250, and that they will faithfully and fairly hear and examine the matter in controversy, and make a just award to the best of their understanding, which oath shall be filed and returned with the award. They shall meet together and view the track or parts of track proposed to be used by the company making the application, and shall hear testimony of witnesses, and the proofs and allegations of the parties to the proceedings, as to the value of the tracks and as to the compensation to be paid to the company whose track is to be used, and such damages as the commissioners may deem just, and upon the close of the testimony shall, without unnecessary delay, make a report in writing of their decision and award, which report shall be signed by them or a majority of them, and addressed and delivered to the mayor forthwith upon its completion. The commissioners shall be entitled to ten dollars each per day for their expenses and services for the first ten days they are actually engaged in performing their duties, and one dollar for each succeeding day actually employed thereafter, to be paid by the company making the application.
(1948 C. Ch. 63 24: 1960 C. 598.030.)

8.92.270 Use of tracks of another company--Bond--Compensation payments.

On the reception of the report of the commissioners, under the provisions of Section 8.92.260, the mayor shall file the same, together with the original application and all papers pertaining to the proceedings with the city register and shall immediately notify the parties of the decision of the commissioners and of the filing of their report. Thereupon, and on payment by the company making the application of the amount of the compensation awarded in the report, or after paying the same into the circuit court for the company whose track it is proposed to use and upon payment of the costs and expenses of the commissioners and upon filing with the city register a bond in the sum of twenty thousand dollars, which bond shall be conditioned for the payments to the company whose tracks are to be used of such additional compensation as may be ordered to be paid by the circuit court on any proceeding therein as provided in Section 8.92.280, the first named company shall be entitled without further delay to enter upon and run its cars over the track or part of the track mentioned and described in the report of the commissioners.
(1948 C. Ch. 63 25: 1960 C. 598.040.)

8.92.280 Use of tracks of another company--Appeal.

Upon the filing of the report of the commissioners, the register shall duly notify both parties to the controversy of the filing thereof, and either party to the controversy may, at any time within ten days after the service of the notice as aforesaid, appeal to the circuit court of the city for a review of the report of the commissioners, by filing with the clerk of the court written exceptions to the report, and serving a copy of the exception upon the opposite party, together with notice of the time of filing the same, and the court may thereupon make the order therein as right and justice may require, and may order a new appraisement in the manner hereinbefore prescribed, upon good cause shown; but notwithstanding the appeal, the company may operate its cars over the track or parts of the track as the report of the commissioners may designate, and any subsequent proceedings shall affect only the amount of compensation to be paid and the manner and time of payment.
(1948 C. Ch. 63 26: 1960 C. 598.050.)

8.92.290 Use of tracks of another company--Limitations.

The company using the track, or part of the track of another company, under the provisions of this and Sections 8.92.240--8.92.280, shall run its cars while on the track at the same rate of speed as the cars of the company owning the track, and shall construct and keep its connections with the track of the company so as not to delay or interfere with the cars of the company owning the track. Any company using the track of another company, in whole or in part, shall charge no more than one passage over its whole line.
(1948 C. Ch. 63 27: 1960 C. 598.060.)

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