10-7-26. Streets and alleys used by railway companies.
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Effective 5/7/2025
10-7-26. Streets and alleys used by railway companies.
(1)As used in this section and in Sections 10-7-27 , 10-7-29 , 10-7-30 , 10-7-31 , 10-7-32 , and 10-7-33 , the terms "railway company" or "street railway company" means any company which owns or operates railway tracks on, along or across a street or alley in any city or town.
(a)Nothing contained in this section or in the sections referred to in Subsection
(1)shall be construed to exempt any railway company from keeping every portion of every street and alley used by it and upon or across which tracks shall be constructed at or near the grade of such streets in good and safe condition for public travel, but it shall keep the same planked, paved, macadamized or otherwise in such condition for public travel as the governing body of the city or town may from time to time direct, keeping the plank, pavement or other surface of the street or alley level with the top of the rails of the track.
(b)The portions of the streets or alleys to be so kept and maintained by all such railway companies shall include all the space between their different rails and tracks and also a space outside of the outer rail of each outside track of at least two feet in width, and the tracks herein referred to shall include not only the main tracks but also all sidetracks, crossings and turnouts constructed for the use of such railways.
Amended by Chapter 354 , 2025 General Session