It is unlawful for any railroad company or any person operating or having charge or control of any railroad train, railroad car, or engine within the city:
(A) To permit, allow, or cause any train, railroad car, or engine to stand at any intersection of any street, sidewalk, or alley, for a period longer than five minutes at any one time, without allowing vehicles and pedestrians to cross the railroad tracks, except when necessary to comply with governmental safety regulations or where the train, railroad car, or engine cannot be moved by reason of circumstances over which the railroad company has no control;
(B) To obstruct any intersection of any street, sidewalk, or alley for a period longer than five minutes at any one time by switching, without allowing vehicles and pedestrians to cross the railroad tracks over any street, sidewalk, or alley, except when necessary to comply with governmental safety regulations or where the train, railroad car, or engine cannot be moved by reason of circumstances over which the railroad company has no control;
(C) This section shall not apply to trains, railroad cars, or engines in motion, other than those engaged in switching; and
(D) This section is enacted to promote the public interest and welfare of the residents of the city and those using its public streets, sidewalks, and alleys, not to control railroad safety, thus its enactment shall not supplant current state law governing “negligence” or the lack thereof by railroads, their employees and/or agents at street, sidewalk, and alleyway crossings.
(Prior Code, § 77.30) (Ord. 0-99-0028, passed 12-30-1999) Penalty, see § 76.999