(a) No railroad company having control of any grade crossing in the village shall close more than two such grade crossings for maintenance, repair or upgrading simultaneously.
(b) Any railroad company having control of any grade crossing in the Village shall provide at least one week’s advance notice to the Village, of its intent to close any grade crossing in the Village for maintenance, repair or upgrading. Notice shall be given in writing or by email transmission sent to the Village Police Department, through the Village Police Dispatching Service, to allow adequate time for the Village to notify its emergency departments and other area emergency service providers of planned closings, to permit the rerouting of emergency vehicles in advance of the date the crossing will be closed.
(c) It shall be a defense to a charge of violation of subsections (a) or (b) of Section 553.06
, provided the railroad can show by a preponderance of evidence, that the closing of more than two crossing simultaneously, or the failure to give advanced notice of intent to close a grade crossing as required, was required by Federal Regulations, or was the result of an emergency situation that was unforseen and not caused by negligence on the part of the railroad.
(d) Any railroad company found guilty of violating subsection (a) or (b) of Section 553.06
shall be guilty of a minor misdemeanor on a first offense and a misdemeanor of the second degree for a second or subsequent offense within two years of conviction of a first offense. Penalties shall be assessed under Section 501.99
(c) of this code.
(Ord. 14-52. Passed 4-7-15.)