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(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.)
No person shall climb, jump, step or stand upon or cling or attach himself to a locomotive, engine or car upon the track of a railroad, unless in compliance with law or by permission under the rules and regulations of the corporation managing such railroad.
(ORC 4999.02)
(a) No person shall operate or cause to be operated a locomotive, railroad train or railroad car at a rate of speed greater than thirty miles per hour while within the corporate limits of the City.
(b) No person shall operate or cause to be operated a locomotive, railroad train or railroad car at such a slow rate of speed, without good and sufficient reason or cause, so as to detour or delay traffic unnecessarily.
(c) For purposes of this section, the engineer and conductor, if physically present on the railroad train, locomotive or railroad car, shall each be deemed to be operating or causing to be operated the locomotive, railroad train or railroad car.
(Ord. 84-165. Passed 8-20-84.)
Every company or individual owning or operating a railroad within the limits of the City is hereby required to light his railroad track at every point where the track crosses any of the streets or public highways of the City.
The lights required herein shall be any reasonable kind of light, other than electric arc lights, and shall be kept burning every night from dusk until daylight in the morning.
(R.O. 1946, C. 27, Secs. 3, 4.)
If the provisions of Section 741.06 are not complied with within twenty days after the Chief of Police has served notice of the provisions of Section 741.06 upon the principal agent of a railroad company operating within the City, such company neglecting to comply therewith shall be liable to the City for the expense of such lighting, which the City shall have incurred by causing the lighting to be done, the same to be assessed and recovered in the manner stipulated in Section 741.08.
If after twenty days after the service of the notice prescribed in Section 741.07, any railroad has not erected the lightposts and lights required by Section 741.06, and commenced lighting the same, the Chief of Police shall cause the same to be done at the expense of the City and the Auditor shall make out and deliver to such delinquent company a statement of the expense of such lights and lightposts and demand payment thereof, and, if the same is not paid within ten days, the amount shall be certified to the County Auditor, who shall place the same upon the tax duplicate against the company so delinquent, to be collected as other taxes, or, if Council so directs, the same shall be collected by suit in the name of the City. In like manner, if any company fails to have such lights lighted and kept burning as required by Section 741.06, the Chief of Police shall cause the same to be done at the expense of the City, and the Auditor shall make quarterly statements of the expenses thereof, which shall be presented and collected as herein provided.
(R.O. 1946, C. 27, Sec. 6.)
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