§ 71.080 OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
   (A)   Whenever any person driving a vehicle approaches a railroad grade crossing, that person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
      (1)   A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
      (2)   A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
      (3)   A railroad train approaching a highway crossing emits a warning signal and the train, by reason of its speed or nearness to the crossing, is an immediate hazard;
      (4)   An approaching railroad train is plainly visible and is in hazardous proximity to the crossing;
      (5)   A railroad train is approaching so closely that an immediate hazard is created.
   (B)   No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.
   (C)   When stop signs are erected at railroad grade crossings, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad, and shall proceed only upon exercising due care.
   (D)   At any railroad grade crossing provided with railroad crossbuck signs, without automatic, electric, or mechanical signal devices, crossing gates, or a human flagman giving a signal of the approach or passage of a train, the driver of a vehicle shall in obedience to the railroad crossbuck sign, yield the right-of-way and slow down to a speed reasonable for the existing conditions and shall stop, if required for safety, at a clearly marked stopped line, or if no stop line, within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she can do so safely. If a driver is involved in a collision at a railroad crossing or interferes with the movement of a train after driving past the railroad crossbuck sign, the collision or interference is prima facie evidence of the driver's failure to yield right-of-way.
   (E)    A violation of any part of this section shall be subject to a fine according to the Uniform Fine Schedule in § 10.99.
(Am. Ord. 1326, passed 2-20-08) Penalty, see § 70.99