Loading...
553.02 CLIMBING UPON RAILROAD CARS.
(a) 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 of the corporation managing such railroad.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4999.02)
553.03 DUTIES OF LOCOMOTIVE ENGINEER.
(a) No person in charge of a locomotive shall fail to bring the locomotive to a full stop at least 200 feet before arriving at a crossing with another track, or proceed through the crossing before signaled to do so or before the way is clear.
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. If violation of this misdemeanor causes physical harm to any person, whoever violates this section is guilty of a misdemeanor of the third degree. (ORC 4999.04)
553.04 RAILROAD GRADE CROSSING CONSTRUCTION AND MAINTENANCE REQUIREMENTS.
(a) The owner or operator of every railroad track or railroad spur which intersects, at grade, a public street in the City, shall be and hereby is required to do the following:
(1) Install and maintain a good smooth and level crossing at the intersection. The crossing shall be paved with wood ties and/or steel rails, in combination with asphalt or concrete, or with steel plates or other suitable and durable materials approved by the Public Works Director. The crossing shall be constructed so that its width extends at least 2 feet beyond the paved portion on each side of the intersected street, and so that its length extends the full width of the railroad right-of-way. When more than one track intersects a street and the nearest rails of the track are less than 15 feet apart, the paving or material herein required shall extend between the tracks as well as between the rails and 2 feet outside the outermost rails;
(2) Maintain each crossing across the entire width of the intersecting roadway so as to be safely passable by motor vehicles;
(3) Maintain each crossing so that it is level, smooth, secure and even across the entire width of the intersecting roadway and free from potholes, protruding bolts and spikes, uneven, broken or displaced timbers, raised rails, debris or other defects;
(4) Maintain each crossing so that no portion of it shall be permitted to deflect or displace vertically more than one-half inch when crossed by a legally loaded motor vehicle designed for highway use.
(b) The Public Works Director, upon determining that a rail crossing is deficient of the standards set forth herein, shall notify in writing the owner or operator of the railroad track or spur that the crossing is in need of construction, rebuilding or repair. The notice shall fully describe the work to be done and shall state the consequences of failure to comply. Upon receipt of the notice, the owner or operator shall commence construction, repair or rebuilding of said specified crossing within 30 days and shall prosecute it in good faith until completion.
(c) Whoever violates this section is guilty of a minor misdemeanor. Each day of any violation of the provisions of this section shall be punishable as a separate offense.
(Ord. 02-044. Passed 3-19-02.)
553.05 RAILROAD VANDALISM.
(a) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of, any railroad rail, railroad track, locomotive, engine, railroad car, or other vehicle of a railroad company while such vehicle is on a railroad track.
(b) No person, without privilege to do so, shall climb upon or into any locomotive, engine, railroad car, or other vehicle of a railroad company when it is on a railroad track.
(c) No person, without privilege to do so, shall disrupt, delay, or prevent the operation of any train or other vehicle of a railroad company while such vehicle is on a railroad track.
(d) Whoever violates subsection (a) of this section is guilty of railroad vandalism. Whoever violates subsection (b) of this section is guilty of criminal trespass on a locomotive, engine, railroad car or other railroad vehicle. Whoever violates subsection (c) of this section is guilty of interference with the operation of a train.
Except as otherwise provided in this subsection, railroad vandalism; criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle; and interference with the operation of a train each is a misdemeanor of the first degree. If the violation of subsection (a), (b) or (c) of this section causes serious physical harm to property, creates a substantial risk of physical harm to any person, causes physical harm to any person, or serious physical harm to any person, the violation is a felony and shall be prosecuted under appropriate State law.
(e) No person shall knowingly deface, damage, obstruct, remove, or otherwise impair the operation of any railroad grade crossing warning signal or other protective device, including any gate, bell, light, crossbuck, stop sign, yield sign, advance warning sign, or advance pavement
marking.
(f) Whoever violates subsection (e) of this section is guilty of railroad grade crossing device vandalism. Except as otherwise provided in this division, railroad grade crossing device vandalism is a misdemeanor of the first degree. If the violation of subsection (e) of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, causes physical harm to any person, or causes serious physical harm to any person, railroad grade crossing device vandalism is a felony to be prosecuted under appropriate state law.
(ORC 2909.10, 2909.101)
553.06 GRADE CROSSING DEVICE VANDALISM.
(a) No person shall knowingly deface, damage, obstruct, remove or otherwise impair the operation of any railroad grade crossing warning signal or other protective device, including any gate, bell, light, crossbuck, stop sign, yield sign, advance warning sign, or advance pavement marking.
(b) Whoever violates this section is guilty of railroad grade crossing device vandalism. Except as otherwise provided in this subsection, railroad grade crossing device vandalism is a misdemeanor of the first degree. If the violation of this section causes serious physical harm to property, creates a substantial risk of physical harm to any person, causes physical harm to any person, or causes serious physical harm to any person, railroad grade crossing device vandalism is a felony and shall be prosecuted under appropriate State law.
(ORC 2909.101)
553.99 PENALTY.
CODIFIED ORDINANCES OF MANSFIELD