(a) No railroad company shall obstruct or permit or cause to be obstructed a public street, road or highway by permitting a railroad car, locomotive 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 such street, road or highway. No railroad company shall fail, at the end of each five minute period of obstruction of a public street, road or highway, to cause such 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.
This section does not apply to obstruction of a public street, road or highway by a continuously moving through train or caused by circumstances wholly beyond the control of the railroad company, but does apply to other obstructions, including without limitation those caused by stopped trains and trains engaged in switching, loading or unloading operations.
If a railroad car, locomotive or other obstruction is obstructing a public street, road or highway in violation of this section, the officers and employees of the City may charge the railroad company with only one violation of the law arising from the same facts and circumstances and the same act.
Upon the filing of an affidavit or complaint for violation of this section, summons shall be issued to the railroad company pursuant to Ohio R.C. 2935.10(B), which summons shall be served on the regular ticket or freight agent of the company in the county where the offense occurred.
(ORC 5589.21; Adopting Ordinance)
(b) If any railroad crossing is closed by a railroad company for purposes of construction at or around such crossing, such railroad company shall provide written notification to the City at least thirty days prior to the commencement of such construction or, in the case of emergency construction where at least thirty days notice could not be given, such written notice shall be given as soon as the railroad company has knowledge that the construction will occur. Further, such railroad company shall provide flagmen and proper personnel to direct detoured traffic at any such crossing, which flagmen and personnel shall be provided under the supervision of, and with the approval of, the Chief of Police.
(c) Whenever a police officer or law enforcement officer determines that a railroad train, locomotive or railroad car is in violation of this section, he or she shall proceed as follows:
(1) The officer shall order the train crew to open such train.
(2) After such train is opened, the officer shall make a physical arrest of the conductor or other person and he or she shall post bond in accordance with the degree of misdemeanor of which he or she is guilty.
(Ord. 84-165. Passed 8-20-84.)