(A) No railroad company shall obstruct or permit or cause to be obstructed a public street, road or highway by permitting a railroad car, locomotive or other obstruction to remain upon or across it for longer than five minutes to the hindrance or inconvenience of travelers, or a person passing along or upon such street, road or highway. No railroad company shall fail, at the end of each five minute period of obstruction of a public street, road or highway, to cause such railroad car, locomotive or other obstruction to be removed for sufficient time, not less than three minutes, to allow the passage of persons and vehicles waiting to cross.
(B) This section shall not apply to obstruction of a public street, road or highway by a continuously moving through train or caused by circumstances wholly beyond the control of the railroad company, but does apply to other obstructions, including without limitation, those caused by stopped trains and trains engaged in switching, loading or unloading operations.
(C) Upon the filing of an affidavit or complaint for violation of this section, summons shall be issued to the railroad company pursuant to R.C. § 2935.10(B), which summons shall be served on the regular ticket or freight agent of the company in the county where said offense occurred.
(D) Whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 23-2002, passed 9-3-02)