(A) (1) No railroad company shall obstruct or permit or cause to be obstructed a public street, by permitting a railroad car, locomotive, crossing gate or other obstruction to remain upon or across it for longer than five minutes, to the hindrance or inconvenience of travelers or a person passing along or upon the street.
(2) No railroad company shall fail, at the end of each five-minute period of obstruction of a public street, to cause the railroad car, locomotive or other obstruction to be removed for sufficient time, not less than three minutes, to allow the passage of persons and vehicles waiting to cross.
(3) Each 60-minute period that a crossing is so obstructed shall constitute a separate and distinct violation of this section.
(B) This section does not apply to obstruction of a public street by a continuously moving through train or caused by circumstances wholly beyond the control of the railroad company, but does apply to other obstruction, including without limitation those caused by stopped trains engaged in switching, loading or unloading operation.
(C) Upon the filing of an affidavit or complaint for violation of this section, summons shall be issued to the railroad company pursuant to R.C. 2935.10(B), which summons shall be on the regular ticket or freight agent of the company in the county where the offense occurred.
(D) For the purposes of this section, "railroad company" includes the officers, employee and agent, of the company.
(E) Whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 98-96, passed 12-7-1998)