(a) No railroad company, conductor or other train crewman in charge shall obstruct or permit or cause to be obstructed a public street, road or highway by permitting a railroad car, locomotive or inconvenience 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, conductor or other train crewman shall faill, 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 does 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, unloading and brake testing operations.
(c) Upon the filing of any affidavit or complaint for violation of this section, summons shall be issued to the conductor or train crewman in charge by personal service upon him or them of a citation or the railroad company pursuant to Ohio R.C. 2935.10(B), which summons shall be served on the regular ticket or freight agent of the company in Erie County.
(ORC 5589.21) (Ord. 99-111. Passed 2-22-99.)
(d) Whoever violates this section is guilty of a misdemeanor of the first degree.