(A) A railroad corporation or its employees shall not operate any train in such a manner as to prevent vehicular use of any highway, street or alley for a period of time in excess of ten minutes, except:
(1) Comply with signals. When necessary to comply with signals affecting the safety of the movement of trains;
(2) Avoid striking. When necessary to avoid striking any object or person on the track;
(3) Disabled. When the train is disabled;
(4) Safety regulations. When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations;
(5) In motion. When the train is in motion, except while engaged in switching operations; and
(6) No traffic. When there is no vehicular traffic waiting to use the crossing.
(B) Any officer or employee of a railroad corporation violating any provision of this section shall be guilty of a misdemeanor and be subject to a fine of at least $65 but not to exceed $625. An employee shall not be guilty of such violation if employee’s action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors. Such guilt shall then be with the railroad corporation.
(2011 Code, § 52.0103) (Ord. 2320, passed 1-3-2018) Penalty, see § 70.99