553.01 Obstructing streets by railroad companies.
553.011 Obstructing streets by abandoning the locomotive.
553.02 Climbing upon railroad cars.
553.03 Duties of locomotive engineer.
553.04 Maintenance of crossings.
553.05 Railroad vandalism.
553.06 Grade crossing device vandalism.
553.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Lighting railroads - see Ohio R.C. 723.33 et seq.
Power to regulate train speed - see Ohio R.C. 723.48
(a) (1) 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.
(2) At the end of each five minute period of obstruction of a public street, road or highway, each railroad company shall 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.
(3) 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 or unloading operations.
(4) If a railroad car, locomotive, or other obstruction is obstructing a public street, road, or highway in violation of subsection (a)(1) hereof and the violation occurs in the unincorporated area of one or more counties, or in one or more municipal corporations, the officers and employees of each affected county or municipal corporation may charge the railroad company with only one violation of the law arising from the same facts and circumstances and the same act.
(5) Upon the filing of an affidavit or complaint for violation of this subsection (a)(1) hereof, 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. (ORC 5589.21)
(b) For purposes of this section, "railroad company" includes the officers, employees and agents of such company.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000).
(a) No railroad company shall obstruct, or permit or cause to be obstructed, a public street, road, or highway, by permitting any part of a train whose crew has abandoned the locomotive to remain across it for longer than five minutes to the hindrance or inconvenience of travelers or a person passing along or upon the street, road, or highway, unless the safety of the train crew requires them to abandon the locomotive.
(b) 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. (ORC 5589.211)
(c) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be fined five thousand dollars ($5,000).
(ORC 5589.99)
(a) No person shall climb, jump, step or stand upon or cling or attach himself to a locomotive, engine or car upon the track of a railroad, unless in compliance with law or by permission under the rules and regulations of the corporation managing such railroad.
(ORC 4999.02)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person in charge of a locomotive shall fail to bring the locomotive to a full stop at least 200 feet before arriving at a crossing with another track, or proceed through the crossing before signaled to do so or before the way is clear.
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. If violation of this misdemeanor causes physical harm to any person, whoever violates this section is guilty of a misdemeanor of the third degree. (ORC 4999.04)
(a) Companies operating a railroad in the City shall build and keep in repair good and sufficient crossings over or approaches to such railroad, its tracks, sidetracks and switches, at all points where a public highway, street, lane, avenue, alley, road or pike is intersected by such railroad, its tracks, sidetracks or switches. Such responsibility shall include the full width of the right of way owned, claimed or occupied by the railroad.
(b) Construction, maintenance or repair of crossings shall be not less than standards established in subsection (c) hereof.
(c) There shall be no holes wider than two inches nor more than three inches deeper than the public highway, street, lane, avenue, alley, road or pike within the City. There shall be no obstructions extending more than one inch above the existing public highway, street, lane, avenue, alley, road or pike. The approach grade to any railroad crossings shall not differ from the existing public highway, street, lane, avenue, alley, road or pike grade by more than three percent (3%). However, any crossing existing with a grade change in excess of three percent (3%) at the time of the adoption of this section shall be granted status as a legal nonconforming condition, provided the grade change is not made more severe and such condition is corrected within two years of the enactment of this section.
(d) The Director of Administration, or his designated representative shall notify such railroad officials as are responsible for the care and maintenance of street crossings, of violation of standards set forth in subsection (c) hereof. The railroad official shall be given a minimum of twelve hours to effect the necessary repairs, maintenance or construction unless the preservation of public safety shall require a lesser period of time. Actual time limits shall be designated by the Director of Administration. However, nothing contained herein shall in any way reduce the railroad’s responsibility or liability under other laws or applicable regulations.
(e) Failure to comply with orders issued in accordance with subsection (d) hereof shall constitute a misdemeanor of the fourth degree. Each succeeding day the railroad has not complied with orders shall constitute a separate violation.
(Ord. 3536. Passed 9-22-81.)
Loading...