(A) (1) In the event of their failure to comply with the directions and orders described in § 73.01(B), said company or companies shall forfeit and pay to the said city the sum of $10 for each day’s failure, to be recovered before any court of competent jurisdiction.
(2) If any railway company operating any line of railway on which public street crossings shall have been designated in the manner aforesaid in § 73.01(C) as crossings, at which flaggers are required to be stationed and kept, and danger signals to be displayed as aforesaid, shall refuse or neglect for more than ten days after a copy of the resolution designating such crossings shall have been served upon the local station agent of said line of railway, as aforesaid in § 73.01(C), to station and keep a flagman at each crossing so designated such company offending shall be liable to a penalty of $100; and said penalty shall also accrue for each subsequent period of ten days during which such refusal shall continue.
(3) Any person who may be stationed as a flagman, for the purpose aforesaid, at any such crossing, on any line of railway in said city who shall willfully fail or neglect to display at such crossing the proper signal at the proper time on the approach of any car, train of cars, or locomotive on such railway, as provided in § 73.01(C), shall be liable to a fine of not less than $5, nor more than $50.
(B) (1) Any person or persons found guilty of violating any of the provisions of § 73.02(A) and (B) shall be subject to a fine of not more than $100, or imprisonment for a period not to exceed 30 days, or both fine and imprisonment.
(2) A complaint may be filed by any member of the Fire Department, Community Ambulance Corporation, or City Council. A complaint of the violation described in § 73.02(C) by such party to law enforcement shall constitute the commencement time of the violation occurring. Violation and fine shall be issued by the police services to the conductor, engineer, or other person, company, or corporation responsible for locomotive, car, or cars to remain on the railroad track in a manner that obstructs any street crossing. The fine shall be set by resolution by the City Council.
(3) Fine for the violation of § 73.02 is a Class Two misdemeanor, $200.
(Ord. 98, passed 12-8-1910; Ord. 99, passed 12-8-1910; Ord. 369, passed 9-13-1982; Ord. 618, passed 2-10-2014, Res. 2014-02, passed 2-10-2014)