(a) No person being the engineer, conductor or other person having control of a railroad train, shall obstruct, permit, cause or suffer to be obstructed, a public street, road or highway within the Municipality by permitting any railroad train, railroad car, locomotive or any part thereof, or other obstruction to remain upon or across such public street, road or highway for a period of time longer than five minutes from the time traffic on such public street, road or highway is first impeded by such obstruction unless the obstruction is due to an emergency mechanical problem.
(b) No person being the engineer, conductor or other person having control of a railroad train shall fail, refuse or neglect at the end of each five minute period of obstruction of a public street, road or highway within the Municipality, to cause such train or any railroad car, locomotive or part thereof, of other obstruction, to be removed for sufficient time, not less then five minutes, to allow the passage of persons and vehicles waiting upon such public street, road or highway to cross the grade crossing unless the obstruction is due to an emergency mechanical problem.
(c) No person being the engineer, conductor or other person having control of a railroad train, shall fail, refuse or neglect to promptly cause any obstruction of a public street, road or highway within the Municipality existing in violation of subsection (a) and (b) hereof to be abated by such means as are to him available, including, but not limited to, moving or “breaking” the train upon instructions of any police officer enforcing this section and if the emergency obstruction will exceed a thirty minute period of time.
(d) The Division of Police of the Municipality shall enforce the provisions of this section against any person violating the same regardless of whether such person is physically located outside the corporate limits of the Municipality by reason of the length of the train provided that an obstruction or obstructions in violation of subsections (a), (b) and (c) hereof, exist within the corporate limits of the Municipality.
(e) The provisions of this section do not apply to obstruction of a public street, road or highway by a continuously moving through train provided that the speed of the train at all times exceeds ten miles per hour; not to obstructions caused by emergencies wholly beyond the control of the engineer, conductor or other person having control of such train provided that such engineer, conductor or other person having control of the train acts promptly to take such measures, included but not limited to moving or “breaking” the train, as will abate the obstruction. This section does apply to all other obstructions, including , but not limited to those caused by stopped trains and trains engaged in switching and loading and/or unloading operations.
(f) Whoever violates any provision of Section 311.05 is guilty of a misdemeanor of the fourth degree. (Ord. 1587-96. Passed 10-14-96.)