26-99 Amend 331.39 Driving Across Grade Crossing

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Placed on 1st Reading & referred to Public Safety Committee 6/7/99. Placed on 2nd Reading 6/21/99. Referred back to Public Safety Committ&e 10(4(99. ORDINANCE NO. 26" 99 BY: Corrigan, Fitzqe,rald, George, Roth, Seelie, Skindell, Smith. AN ORDINANCE to amend the Traffic Code of the Codified Ordinances of the City of Lakewood by amending section 331.39, Driving across Grade Crossings. WHEREAS, section 331.39 of the Codified Ordinances of the City of Lakewood was written to foiiow Ohio Revised Code section 4511.62, which penalizes drivers for driving across a grade crossing when prohibited; and WHEREAS, a violation of section 331.39 of the Codified Ordinances of the City of Lakewood, is a minor misdemeanor, punishable by up to a one hundred doiiar ($100.00) fine; and WHEREAS, the Ohio Revised Code has been amended to make a violation of Ohio Revised Code section 4511.62 a fourth degree misdemeanor, punishable by up to a two hundred fifty doiiar ($250.00) fine and thirty (30) days in jail; and WHEREAS, the penalty currently provided for in the Codified Ordinances of the City of Lakewood is not in proportion to the potential result of the behavior prohibited; and WHEREAS, the City of Lakewood is responsibie for the deterrence of reckless conduct which couid have devastating effects, as was realized in the fatal truck-train accident in Bourbonnais, Illinois. BE IT ORDAINED BY THE cm OF LAKEWOOD, STATE OF OHIO as follows: Section 1. That section 331.39 of the Codified Ordinances, now reading (a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, he shall stop within fifty feet but no less tan fifteen feet from the nearest rail of the railroad, and shaii not proceed until he can do so safely. The foregoing requirements shaii apply when: (1) A clearly visible electric or mechanlcill signal device gives warning of the immediate approach of a train; (2) A crossing gate is lowered; (3) A human fiagman gives or continues to give a signal of the approach or passage of a train; (4) A train approaching within approximately 1,500 feet of the highwilY crossing emits a signill audible from thilt distilnce and the train, by reason of its speed or nearness to thE crQ¡;sing, is an immediate hazard; (5) An ilpproaçhing train is plainly visible and is in hazardous proximity to the crossing. (b) No person shaii drive any vehicle through, around or under ilny crossing gilte or bilrrier ilt a rililrOild crossing while the gilte or bilrrier is closed or is being opened or closed. shilii be ilnd Is hereby ilmended to reild as foiiows: (iI) Whenever ilny person driving iI vehicle ilpproilches iI railroild grilde crossing under ilny of the circumstances stated in this section, he shaii stop within fifty feet but no iess tiln fifteen feet from the neilrest rail of the railroad, and shilii not proceed until he ciln do so silfely. The foregoing requirements shilii ilpply when: