9-28-010  Railroad grade crossing – Obedience to signal.
   (a)   The driver of a vehicle approaching a railroad grade crossing shall stop not less than ten feet from the nearest rail of such railroad, and shall not proceed until he can do so safely whenever:
      (1)   A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train;
      (2)   A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a train;
      (3)   A train approaching within approximately 1,500 feet of the street or highway crossing emits a signal audible from such a distance and such train, by reason of its speed or nearness to such crossing, is an immediate hazard; or
      (4)   An approaching train is plainly visible and is in hazardous proximity to the crossing.
   (b)   No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.
   (c)   The provisions of this section shall also be applicable to elevated railroad grade crossings where elevated railroad trains operate at ground level.
   (d)   Any person who shall violate any provision of this section shall be fined $250, or made to perform 25 hours of community service, for the first violation, and shall be fined $500 for a second or subsequent violation.
(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-29-06, p. 73701, § 1)