(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. No railroad company shall fail, 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.
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.
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 5589.21)
(ORC 5589.21)
(b) In all prosecutions brought hereunder, if the prosecution’s evidence establishes beyond a reasonable doubt that a railroad car or locomotive obstructed a public street or highway within the Village by remaining upon or across it for longer than five minutes, it shall be presumed that such obstruction occurred unnecessarily, which presumption shall continue and constitute proof thereof until and unless rebutted by competent evidence.
(c) Whoever violates this section shall be fined not more than one thousand dollars ($1,000).
(Ord. 29-94. Passed 12-5-94.)