553.01  OBSTRUCTING STREETS BY RAILROAD COMPANIES.
   (a)   No railroad company shall obstruct or permit or cause to be obstructed a public street, road or highway, within the Municipality, by permitting a railroad car, locomotive or other obstruction to remain upon or across such public street, road or highway for longer than five minutes, to the hindrance or inconvenience of travelers or a person passing along or upon such street, road or highways.
   (b)   No railroad company shall fail, at the end of each five-minute period of obstruction of a public street, road or highway, within the Municipality, 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.
   (c)   No railroad company shall fail to promptly cause any obstruction of a public street, road or highway, within the Municipality, existing in violation of subsections (a) or (b) hereof to be abated by moving or “breaking” the train upon direction of any official enforcing this section.
   (d)   The appropriate officials of the Municipality shall enforce the provisions of this section against any railroad company violating the same regardless of whether such railroad company is physically located outside of 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) or (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 or caused by circumstances wholly beyond the control of the railroad company.  This section does apply to other obstructions, including without limitation those caused by stopped trains and trains engaged in switching, loading or unloading operations.
   (f)   Upon the filing of an affidavit or complaint for violation of this section, summons shall be issued to 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 the county where the offense occurred.
   (g)   Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.  (Ord. 97-9599.  Passed 4-1-97.)