Wisconsin Legislature: 254,73

190.09 Railroad cattle pass, abandonment. No railroad corporation shall close or obstruct any cattle pass or opening which shall have that has been used as a passageway for livestock across its right-of-way for a period of five 5 years without having first secured the consent in writing of the abutting landowners.

Note: Replaces word form of numbers with digits.

254,64 Section 64 . 190.15 of the statutes is amended to read:

190.15 Right-of-way through public lands. The commissioners of public lands may sell and convey to any railroad corporation, for such the compensation and upon such the terms as they that the commissioners may fix, a strip of land one hundred 100 feet wide, or more, if needed, through lands owned by the state which that the commissioners have power to sell, and across which a railroad has been or shall be located or constructed, but such. The railroad corporation shall, as soon as the route of its road shall be is definitely fixed, deposit in the office of the commissioners of public lands, a plat exhibiting all such of the affected public lands and the location of such the route through the same and affected public lands. The railroad corporation shall have no right to take or use any such of the affected public lands prior to depositing such the plat. Every deed or patent for any such lands conveyed to a railroad corporation under this section shall contain an express reservation unto the state of the title of such the lands conveyed except as to the use of the same lands by such the railroad corporation or its successors or assigns for railroad purposes.

Note: Breaks up long sentence, replaces word form of numbers with digits and adds specific references for greater readability and conformity with current style.

254,65 Section 65 . 191.02 of the statutes is amended to read:

191.02 Application for certificate of necessity. Application for such a certificate required by s. 191.01 shall be made within six 6 months from and after the publication of its the railroad corporation's corporate articles.

Note: Replaces word form of numbers with digits, deletes redundant phrase and adds specific references and cross-references for greater readability and conformity with current style.

254,66 Section 66 . 191.13 (6) of the statutes is amended to read:

191.13 (6) Any person who shall falsely represent represents that such a temporary railroad is other than a temporary railroad shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail, fined not more than $500 or imprisoned for not exceeding six more than 6 months, or by both such fine and imprisonment, in the discretion of the court.

Note: Replaces word form of numbers with digits and modifies penalty language for greater readability and conformity with current style.

254,67 Section 67 . 192.255 (1) of the statutes is amended to read:

192.255 (1) No person shall act or be engaged to act as a conductor on a railroad freight or passenger train in this state without having for at least three years 3 years' prior thereto served or worked in the capacity of experience as a railroad brakeman.

Note: Replaces word form of numbers with digits and simplifies sentence for greater readability and conformity with current style.

254,68 Section 68 . 192.255 (2) of the statutes is amended to read:

192.255 (2) No person shall act or be engaged to act as a flagman on a railroad train in this state without having for at least two years prior thereto served or worked 2 years' experience as a brakeman on a freight train or passenger train.

Note: Replaces word form of numbers with digits and simplifies sentence for greater readability and conformity with current style.

254,69 Section 69 . 192.255 (5) of the statutes is amended to read:

192.255 (5) The provisions of this section as to brakeman brakemen shall not apply unless there are available at the terminal from which the train is starting brakemen who meet the requirements of this section and who are not assigned to regular runs nor shall the provisions of this section apply to any railroad company within the state nor the receiver or lessee thereof, whose line of railroad is less than thirty 30 miles in length nor shall anything herein contained relieve any railroad company from the negligence of any of its employes.

Note: Replaces word form of numbers with digits and corrects spelling. The gender specific “brakemen" is retained due to lack of an accepted alternative.

254,70 Section 70 . 192.255 (6) of the statutes is amended to read:

192.255 (6) Any person who shall violate violates any of the provisions of this section shall be deemed guilty of a misdemeanor and shall upon conviction be punished by a fine of fined not less than $25 nor more than one hundred dollars nor less than twenty-five dollars or confined in the county jail $100 or imprisoned for not exceeding ninety more than 90 days, or by both such fine and imprisonment in the discretion of the court.

Note: Replaces word form of numbers with digits and modifies penalty language for greater readability and conformity with current style.

254,71 Section 71 . 192.27 (2) of the statutes is amended to read:

192.27 (2) Any railroad corporation neglecting or refusing to comply with the provisions of this section shall be liable to a forfeiture of forfeit not less than twenty-five dollars $25 nor more than one hundred dollars $100 for each offense, and each. Each day that the violation continues shall constitute a separate offense.

Note: Replaces word form of numbers with digits.

254,72 Section 72 . 192.29 (3) (a) of the statutes is amended to read:

192.29 (3) (a) No railroad train or locomotive shall run over any public traveled grade crossing within any city or village, except where gates are operated, or a flagman is stationed, unless the engine bell shall be rung continuously within twenty rods 330 feet of the crossing and until such the crossing shall be is reached.

Note: Replaces word form numbers with digits and clarifies reference.

254,73 Section 73 . 192.32 (1) of the statutes is renumbered 192.32 (1) (intro.) and amended to read:

192.32 (1) (intro.) No person, other than a licensee or, authorized newspaper reporters reporter or those person connected with or employed upon the railroad, shall may walk, loiter or be upon or along the track of any railroad. The provisions of this subsection shall not be construed to do any of the following:

(a) To interfere with the lawful use of a public road or highway by any person, or to.

(b) To prevent any person from driving across any railroad from one part of the that person's land to another part thereof, or.

(d) To interfere with the use of the right-of-way or track by any person when occasioned by or in connection with, either directly or indirectly, the shipping, loading or unloading of freight, seeking employment, the investigation or securing of evidence with respect to any accident or wreck, or in conducting or transacting any other business for or with said the railroad ; or.

(e) To interfere with the entry of any employe during or on account of labor disputes by employes.

Note: Subdivides provision, changes plural nouns to singular for sentence agreement and deletes “road" consistent with the definition of highway at s. 990.01 (12).

254,74 Section 74 . 192.33 (1), (2) and (3) of the statutes are amended to read:

192.33 (1) Every corporation operating any railroad shall erect and maintain on both sides of its road ( , depot grounds excepted), sufficient fences with openings or gates or bars therein, and suitable and convenient farm crossings for the use of the occupants of the lands adjoining and shall maintain cattle guards at all highway crossings (,outside of municipalities ), and connect their fences therewith. This section shall not apply to that part of the road where sidetracks or switch tracks are used in cities of the first class.

(2) All roads shall be so fenced fences and such cattle guards required under sub. (1) shall be made within one month from the time of commencing to operate the same railroad right-of-way, so far as operated. Until such the required fences and cattle guards shall be are made, every the railroad corporation owning or operating any such road the right-of-way shall be liable for all damages done to domestic animals, or persons thereon on the right-of-way, occasioned in any manner, in whole or in part, by the want of such the required fences or cattle guards; but after such. After the required fences and cattle guards shall have been are constructed such the railroad conformations liability shall not extend to damages occasioned in part by contributory negligence, nor to defects existing without negligence on the part of the corporation or its agents.

(3) The sufficiency of fences shall be determined according to ch. 90; but nothing herein in this section shall render any fence insufficient which was a legal or sufficient fence when built.

Note: Modernizes language, replaces parentheses, inserts cross-references and shortens sentence.

254,75 Section 75 . 192.34 of the statutes is amended to read:

192.34 Fences; complaint of insufficient; hearing; order. Upon complaint by the owner or occupant of any land contiguous to the right-of-way of any railroad that the railroad company operating such the line has failed to construct or keep in good repair such fences as the law requires along its right-of-way opposite to such the complainant's land as required under s. 192.33, the office shall proceed thereon on the complaint in the manner provided in s. 195.04. If it shall appear that the complaint is well founded, the office may order and direct the railroad company to repair such the complained of fences so that the same shall fences will be sufficient or to construct legal fences.

Note: Modernizes language and inserts cross-references.

254,76 Section 76 . 192.35 (title) of the statutes is amended to read:

192.35 (title) Fences; interference with, etc., Interference with fences; trespassers on track.

254,77 Section 77 . 192.35 of the statutes is renumbered 192.35 (1) and amended to read:

192.35 (1) Any person who does any of the following shall wilfully take forfeit not less than$10 nor more than $50 and, in addition, be liable to the party injured for all damages resulting from the act or omission:

(a) Wilfully takes down, open or remove opens or removes any railroad fence, cattle guard or crossing or any portion thereof, or allow the same, in whole or in part.

(b) Allows a railroad fence, cattle guard or crossing to be taken down, opened or removed, or who, having .

(c) Having lawfully taken down bars or opened gates in such fences a railroad fence for the purpose of passing through the same, shall fence, does not immediately replace the bars or close the same gate, shall forfeit not less than ten nor more than fifty dollars, and in addition be liable to the party injured for all damages resulting from such act or omission; and any.

(2) Any person who shall ride, lead without the consent of the party owning or having control of the road rides, leads or drive drives any horse or other animal upon such a fenced road railroad right-of-way, or who shall ride, lead rides, leads or drive drives any horse or team lengthwise of an unfenced railroad track (, other than at the farm crossings or upon depot grounds or where the same track is laid along or across a public road highway or street), without the consent of the party owning or having control of such road shall, for every such offense each occurrence, forfeit not exceeding ten dollars, to such more than $10, to the party owning or having control of the railroad right-of-way, and shall also pay all damages which that shall be sustained by the party aggrieved party.

Note: Simplifies title, subdivides provision, replaces word form of numbers with digits, modernizes penalty provision, inserts “highway" consistent with s. 990.01 (12), and clarifies references.

254,78 Section 78 . 192.36 of the statutes is renumbered 192.36 (1) and amended to read:

192.36 (1) Whenever a railroad corporation shall fail fails to build or repair any fence, which the law requires it to erect, the owner or occupant of the land adjoining may, between the first day of April 1 and the first day of October 1, give notice in writing to such the railroad corporation to build, the fence within sixty 60 days, or repair the fence within thirty 30 days, such fence, after the service of such the notice. Such

(2) The notice under sub. (1) shall describe the land on which such the fence is required to be built or repaired, and service thereof. Service of the notice may be made by delivering the same notice to any station agent of said the railroad corporation.

(3) In case the railroad corporation shall fail fails to build or repair the fence within the required time aforesaid, then such, the owner or occupant of the adjoining land may build or repair the same; fence and may recover from such the railroad corporation the cost thereof of building or repairing with interest at one per cent the rate of 1% per month from the time such that the fence shall have been built or repaired.

Note: Subdivides provision, replaces word form of numbers with digits, adds specific references and replaces and deletes text for greater readability and conformity with current style.

254,79 Section 79 . 192.37 (1) of the statutes is amended to read:

192.37 (1) Whenever any corporation shall operate operates a railroad through enclosed lands and shall fail fails to construct the fences, farm crossings or cattle guards required by law, proper for the use of such the enclosed lands, the owner or occupant thereof of the lands may give notice in writing signed by the owner or occupant to such to the railroad corporation, to be served as a circuit court summons is served, to fence its road through the owner's or occupant's enclosed lands, describing the same, and of its failure to construct the necessary fences, farm crossings and cattle guards thereon on the owner's or occupant's enclosed lands.

(3) If such company a railroad corporation, after being so notified, neglect under this section, neglects for three 3 months to construct such the necessary fences, farm crossings and cattle guards on the lands described in the notice, it shall be liable to pay to such the owner or occupant ten dollars of the described lands $10 for each day after the expiration of said three the 3 months until so the necessary fences, farm crossings and cattle guards are constructed. But no No time between the first day of November 1 and the first day of April succeeding 1 shall be included in the three months aforesaid calculation of the 3-month period under this subsection.

Note: Subdivides provision, replaces word form of numbers with digits, adds specific references and replaces and reorders text for greater readability and conformity with current style. See also the next section of this bill.

254,80 Section 80 . 192.37 (2) of the statutes is created to read:

192.37 (2) The notice under sub. (1) shall meet all of the following requirements:

(a) It shall be in writing, signed by the owner or occupant of the enclosed lands.

(b) It shall contain a description of the owner's or occupant's enclosed lands.

Note: Moves related subject matter contained in the former first sentence of s. 192.37 (1) into a new subsection to improve readability. See the previous section of this bill

254,81 Section 81 . 192.53 (1) of the statutes is amended to read:

192.53 (1) After July 1, 1931, no Except as otherwise provided in this section, no building or loading platform shall be constructed or nor shall any addition to or reconstruction of a then an existing building or loading platform, not including excluding ordinary repairs necessary for maintenance, shall be made which that shall have a horizontal clearance of less than eight 8 feet six 6 inches between it and the center line of any railroad track. The same clearance shall be maintained between such the center line of the railroad track and any material used in and about the construction of any such building or loading platform.

Note: Deletes obsolete transition provision, replaces word form of numbers with digits and clarifies references.

254,82 Section 82 . 192.53 (2) (a) to (d) of the statutes are amended to read:

192.53 (2) (a) Such a A platform which that is not higher than four 4 inches above the top of the rail shall be not less than four 4 feet six 6 inches from the center line of the adjacent track;.

(b) Such a A platform which that is more than four 4 inches but not higher than eight 8 inches above the top of the rail shall be not less than five 5 feet one inch from the center line of the adjacent track;.

(c) Such a A platform which that is more than eight 8 inches but not higher than one foot nine 9 inches above the top of the rail shall be not less than six 6 feet from the center line of the adjacent track;.

(d) Such a A platform which that is higher than one foot nine 9 inches above the top of the rail of a main track shall be not less than eight 8 feet from the center line thereof of the main track.

Note: Replaces “may" with “shall" for internal consistency between the (intro.) and the following paragraphs, replaces word form of numbers with digits and deletes unnecessary language.

254,83 Section 83 . 192.53 (3) of the statutes is renumbered 192.53 (3) (a) and amended to read:

192.53 (3) (a) High Notwithstanding par. (b), high platforms in existence on July 1, 1949 for handling baggage, mail, express and freight to and from cars on other than main tracks, where an unobstructed working space at ground level is maintained on the opposite side of the track from such the platform, may be maintained with which have a face or edge at least 5 feet 8 inches from the center line of such track, but after July 1, 1949, no such which were in existence on July 1, 1949, may be maintained.

(b) No platform shall of the type described in par. (a) may be constructed which provides a clearance of less than 6 feet 4 inches between the face or edge thereof and the center line of any such track. No such platform shall be constructed or which is more than 5 feet above top of rail level.

Note: Subdivides provision and reorders and modernizes language for for improved readability and conformity with current style.

254,84 Section 84 . 192.53 (4) of the statutes is renumbered 192.53 (4) (a) amended to read:

192.53 (4) (a) Upon finding that any such structure that is subject to the provisions of this section will not imperil life or limb, and that the public interest requires or permits such the structure to be constructed or reconstructed otherwise than as permitted by the foregoing provisions of this section, the office may exempt such the structure from such provision. Such the provisions of this section.

(b) The office shall make the findings shall be made described in par. (a) only upon written application to it to exempt the construction or reconstruction of a structure from the requirements of this section, setting forth fully the grounds therefor, and shall be made only after public hearing, and the. The office's findings and order granting the exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in such the construction or reconstruction. Such The structure shall be constructed or reconstructed only in compliance with such the office's order.

Note: Subdivides provision and adds inserts specific references for improved readability and conformity with current style.

254,85 Section 85 . 192.53 (5) of the statutes is renumbered 192.53 (5) (a) (intro.) amended to read:

192.53 (5) (a) (intro.) Except as hereinbefore otherwise provided in this section and subject to the power of the office to make exceptions hereto to this section in a manner similar to the power given it in sub. (4), no railroad or shipper shall after May 28, 1943, place may do any of the following:

1. Place or construct, within 8 feet 6 inches of the center line of any railroad track, any retaining walls, fences, signs, stand pipes, conveyors, or any other like obstruction, except railroad bridges, switch stands, mail cranes, coal, ice and water stations, intertrack fences and signals and other necessary interlocking mechanisms, or permit