(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.
(1) 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.
(2) 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.
(3) If a railroad car, locomotive or other obstruction is obstructing a public street, road or highway in violation of this section, 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.
(4) Upon the filing of an affidavit or complaint for violation of subsection (a) 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 to offense occurred.
(b) 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. Upon the filing of an affidavit or complaint for violation of this subsection, summons shall be issued to the railroad company pursuant to Ohio R.C. 2935.10B, which summons shall be served on the regular ticket or freight agent of the company in the county where the offense occurred.
(c) (1) Whoever violates subsection (a) hereof is guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000).
(2) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree and shall be fined five thousand dollars ($5,000).
(d) All fines collected for violations of subsections (a) and (b) hereof shall be paid to the Railroad Grade Crossing Improvement Fund of the City.
(Ord. 00-85. Passed 2-19-01.)