San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-08-22

the duty of such person or corporation
to change such track and roadbed SO
as to conform TO such new grade OF
| Improvement and without liability
therefor ON the part of the city. The
roadbed of such street railway shall
embrace the space between the rails
and the width of eighteen inches out
side of each rail, and it shall be the
duty of the person or corporation own
ing or operating such street railway to
pave and keep in good repair such
roadbed in like manner and of like
material as the adjoining street, ave-
nue., plaza, or square, and to so lay,
construct and maintain the track that
no rail nor any portion thereof shall be
elevated more than one-half of an inch
above the the surface of the street,
avenue, or plaza, or square immediate
ly outside or inside of the rails. When
ever the track or roadbed of any street
railway shall be laid, constructed,
kept or maintained in violation of the
provisions of this section of this ordi-
nance, or without the paving of such
roadbed and keeping the same in re-
pair as in this section provided, such
track and roadbed shall be deemed
and is hereby declared public nuis-
ance.
Section 2. Any railway or street
railway track or roadbed in any pub
lie street, avenue, plaza or square of
this city that is or may be laid, con-
structed, maintained, kept, or left
in such a way, manner, or condition
as to unnecessarily or unreasonably
interfere with the free or safe use Of
such street, avenue, plaza or square
by vehicles of any kind, or by per-
sons, or to render such use more haz-
ardous, shall be deemed and is hereby
declared public nuisance.
Section 3. Whenever any railway
or street railway track or roadbed
shall be so laid or constructed in any
public street, avenue, plaza, or square
of the city as to constitute nuisance
as defined in either of the first two
sections of this ordinance, the person
or corporation owning or operating
such railway or street railway and the
president and the superintendent or
manager of Z such corporation shall
be guilty of creating such nuisance,
and upon conviction thereof before
the recorder shall be fined in any sum
not less than twenty-five dollars nor
more than two hundred dollars.
Section 4. Whenever any railway
or street railway track or roadbed
shall be maintained, kept or left in
any public street, avenue, square or
plaza of the city in such condition as
to constitute nuisance as defined in
either of the first two sections of this
ordinance the person or corporation
owning or operating such railway or
street railway and the president land
the superintendent or manager of
such corporation at the time such
track shall be maintained, kept or
left in such condition and who shall
have been such owner, operator, pres
ident superintendent or manager
for sufficient time after
the beginning of such condition
to admit of the, repair of such track,
shall be guilty of maintaining such
nuisance and upon conviction thereof
before the recorder shall be fined in
any sum not less than twenty-five nor
more than two hundred dollars.
Section 5. Each day that any such
nuisance may be so maintained shall
constitute separate offense.
Section 6. Whenever any railway
or street railway track or the roadbed
wherever such track may be laid in
any public street, avenue, plaza or
square of this city or any portion of
such track or roadbed shall be or be-
come a nuisance as defined and de-
clared by any of the provisions of this
ordinance, it shall be the duty of the
street commissioner with the assist
ance of the city marshal and the police
force If necessary to cause such track
or portion thereof and all things ap-
purtenant thereto to be removed from
such street, avenue, plaza or square,
and thereupon the street commission
er shall cause to be repaired the por-
ton of such street, avenue, plaza or
square whence such track or portion
thereof may have been removed, and
in such case the city attorney shall in
stitute suit in the name of the city
against the person or corporation
owning or operating such railway or
street railway for the recovery of the
expense of such removal and repairs.
Section Z. That any and all ordi-
nances in conflict herewith are hereby
repealed.
Passed and approved, this 18th day
of August, 1897.
BRYAN CALLAGHAN,
Attest: Mayor