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 5 minutes at any 1 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 removed 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 5 minutes at any 1 time by switching, without allowing vehicles and pedestrians to cross the railroad tracks over any such street, sidewalk or alley, except when necessary to comply with governmental safety regulations or where the train, railroad car or engine cannot be removed 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.
(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 Indiana law governing “negligence” or the lack thereof by railroads, their employees and/or agents at street, sidewalk and alleyway crossings.
(Prior Code, § 111.16) (Ord. 8169, passed 4-12-1999; Am. Ord. 8259, passed 4-24-2000) Penalty, see § 100.99