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PLACED ON 1ST .READING & REFERRED TO THE RULES & <br />O~,DT.~ANCES CMTE 2_/19302, <br /> <br />PLACED ON 2ND RE~INO 3/4/02, <br /> <br />ORDINANCE NO. 56-02 BY: Corrigan, Dunn, FitzGerald, <br /> George, Roth, Seelie, Skindell. <br /> <br /> AN ORDINANCE to amend section 553.01, Obstructing Streets by Railroad <br />Companies, of the Codified Ordinances of the City of Lakewood for the purpose of <br />further regulating the obstruction of streets by railroad companies and to remain <br />consistent with the Ohio Revised Code. <br /> <br /> WHEREAS, this ordinance is necessary for the public health, welfare and safety. <br />Now therefore, <br /> <br />BE TI' ORDAINED BY THE CTrY OF LAKEWOOD, STATE OF OHIO <br /> <br /> Section l. That section 553.01, Obstructing Streets by Railroad Companies, of <br />the Codified Ordinances of the City of Lakewood currently reading as follows: <br /> <br /> 553.01 OBSTRUCTING STREETS BY RAILROAD COMPANIES. <br /> (a) ' No railroad company shall obstruct or permit or cause to be obstructed a <br />public street, road or highway by permitting a .railroad car, locomotive or other <br />obstruction to remain upon or across it for longer than five minutes to the hindrance or <br />inconvenience of travelers or a person passing along or upon such street, road or <br />highway. No railroad company shall fail, at the end-of each five minute period of <br />obstruction of a public street, road or highway, to cause such railroad car, locomotive or <br />other obstruction to be removed for sufficient time, not less than three minutes, to <br />allow the passage of persons and vehicles waiting to cross. <br /> This section does not apply to obstruction of a public street, road or highway by <br />a c.ont!nu, o.usly .m. ovi.n.g throUgh .tr~.in or caused by circumstances wholly beyond the <br />contro~ or me ral~roa(~ company, Dut does apply to other obstructions, including without <br />limitation those caused by stopped trains and trains engaged in switching, loading or <br />unloading operations. <br /> Upon the filingof an affidavit or complaint for violation of this section, summons <br />shall be issued to the railroad company pursuant to Ohio R. C. 2935.10(B), Which <br />summons shall be served on the regular ticket or freight agent of the company in the <br />county where the offense occurred. <br /> <br /> (b) <br />degree. <br /> <br />Whoever violates this section is guilty of a misdemeanor of the third <br /> <br />shall be and is hereby amended to read as follows: <br /> <br />553.01 OBSTRUCTING STREETS BY RAILROAD COMPANIES. <br /> <br />(a) <br /> <br />(1) No railroad company shall obstruct or permit or cause'to be <br /> obstructed a public street, road or highway by permitting a railroad <br /> car, locomotive or other obstruction to remain upon or across it for <br /> longer than five minutes to the hindrance Or inconvenience of <br /> travelers or a person passing along or upon such street, road or <br /> highway. ~ <br />(2) At the end of each five minute period of obstruction of a public <br /> street, road or highway, each railroad company shall cause such <br /> railroad car, locomotive or other obstruction to be removed for <br /> sufficient time, not less than three minutes, to allow the passage of <br /> persons and vehicles waiting to cross. <br />(3) This section does not apply to obstruction of a public street, road <br /> or highway by a continuously moving through train or caused by <br /> circumstances wholly beyond the control of the railroad company, <br /> but does apply to other obstructions, induding without limitation <br /> <br /> <br />