Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
See sectional histories for similar State law.
Lighting railroads, RC 723.33 et seq.
Power to regulate train speed, RC 723.48
Locomotive air contaminant emissions regulated, CO 265.01
Driving across grade crossing, CO 431.39, 439.06
Stopping at grade crossing, CO 431.40
Vehicular homicide, CO 621.02
Criminal mischief, CO 623.03
No person shall move any locomotive or railroad car over a street crossing within the limits of the City at a speed greater than thirty-five miles per hour, unless such crossings are protected by safety gates or warning devices, such as electrically operated wig-wag or flash signals provided with red signal lights. Crossings protected by gates shall be properly attended by competent persons to operate the gates, and all such gates, devices, signals and attendants shall be to the satisfaction of the Director of Public Service. Wig-wag or flash signals may be substituted for safety glass at existing crossings when authority and consent therefor have been obtained from the Ohio Public Utilities Commission. In no event shall any person move any locomotive or car at a speed greater than thirty-five miles per hour at any point where the track is parallel and abutting or through any street. No person shall run any railroad locomotive or engine or switching engine within the limits of the City, with or without cars attached, at a speed greater than thirty-five miles per hour.
(Ord. No. 87724. Passed 7-29-29)
On and after January 1, 1932, no railway or railroad company or corporation shall operate trains within the limits of the City by the use of locomotive engines propelled by steam power, or by the use of any other power producing machine or device which emits smoke or steam.
(Ord. No. 87724. Passed 7-29-29)
Whenever a signal has been given to let down the gates or other contrivances located at the crossing of any street by a steam railway track in the City, or whenever gates or contrivances are in fact down for the approach of any engine, train or handcar which is crossing or about to cross any such street, no person shall go or stand within the enclosure made by such gates or contrivances so let down or about to be let down, and nor shall any person ride, push, draw, back, lift, place or drive any horse, cart, wagon, velocipede, bicycle or other vehicle within the enclosure made as aforesaid, or upon or against the gates or contrivances after such signal has been given or the gates or contrivances are in the act of being let down, or are in fact down.
Whenever a warning or protective device, such as electrically operated wig-wag or flash signals located at the crossing of any street by steam railway tracks in the City, is in operation, no person shall go or stand within ten feet of the nearest rail of the tracks or ride, push, draw, back, lift, place or drive any horse, cart, vehicle, velocipede, bicycle, automobile or other vehicle within ten feet of the nearest rail.
(Ord. No. 87724. Passed 7-29-29)
Every railroad company having the ownership or control of any locomotive running within the City limits, shall furnish such locomotive with a bell. Any engineer or other person having in charge a locomotive running within the City limits shall have the bell rung, while running between the Cuyahoga River and any railroad depot north of Front Street, or while crossing any of the streets or alleys of the City, which streets or alleys are used by vehicles or pedestrians.
employ of any railroad company shall permit any locomotive car or train of cars, to stand on any street, lane or alley of the City, for a period of time longer than five (5) minutes when such street, lane or alley is at a railroad crossing used by vehicles or pedestrians, except that they may be permitted to stand on the northerly half of Front Street. No railroad company shall keep standing on any track or sidetrack, empty or loaded cars or engine, nearer than fifty feet from the nearest side line of streets so crossed by railroad company tracks. However, this requirement shall not interfere with the necessary stoppage when attached to an engine engaged in the actual work of switching cars and making up and dividing trains and the handling of freight therein, nor with such cars of engines when unloading or loading passengers, freight, fuel or water at any established place of business, fuel stand or water tank.
(b) No railroad company, conductor, engineer or other person in the employ of any railroad company shall obstruct, or permit to be obstructed, a public street, road or highway or a private road used as the primary means of ingress and egress by a landowner or business enterprise by permitting a railroad car, locomotive, or other obstruction to remain upon or across it for a continuous period of more than twenty-five (25) minutes.
(c) No railroad company, conductor, engineer or other person in the employ of any railroad company shall permit any locomotive to stand for longer than thirty (30) minutes within one hundred (100) feet of the property line of any residential parcel while its engine is running or idling.
(d) This section does not apply to obstruction of a public street, road, or highway by a continuously moving through train or when the obstruction is 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.
(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)
No person in charge of any train of cars, part of a train, car or locomotive shall permit the same to remain stationary upon any drawbridge, or upon any device or appliance controlling or affecting the opening or closing of any such bridge. No such train of cars, part of a train, car or locomotive shall, while crossing such bridge, or passing over or upon any such device or appliance aforesaid, be permitted to come to a stop unless necessary. Whenever in such case any such train of cars or part of a train, car or locomotive for any reason cannot continue in a forward direction across and off such bridge, device or appliance, such train of cars, part of a train, car or locomotive shall be immediately backed off of such bridge, device or appliance; and provided further, that after the proper signals for the opening of any such bridge have been given, no more than one train of cars, part of a train, car or locomotive going in the same direction shall be passed over any such bridge, device or appliance, until such bridge, device or appliance has been moved and returned to its position.
All railroad companies having a track or tracks within the City, together with their employees, shall be governed by the following rules and regulations:
(a) No locomotive, car or train of cars shall cross or enter upon any street within the City limits at a greater speed than thirty-five miles an hour, nor at a less rate of speed than three miles per hour;
(b) No train of cars shall cross any of the streets within the City without sufficient motive power attached, to start and stop the train without delay, nor shall any train of cars or locomotive be stopped across the streets, except as provided in Section 631.06. When any train or cars shall, by unavoidable accident, be stopped across any street, the train shall be at once cut, so as to clear the crossing;
(c) No engine shall run across any street with open cylinder cocks, nor shall cylinder cocks be opened while any engine is on a street;
(d) After one locomotive, train of cars or section of a train, has crossed any street, no other locomotive or cars shall be permitted to cross until all detained persons have had full time to cross, as may be determined by the police in the neighborhood;
(e) Safety gates shall not be lowered nor protective devices placed in operation, nor flags, targets or lights exhibited upon crossings until the approaching train has arrived within 2,500 feet of the crossing; provided that such gates shall be lowered or protective devices put in operation before the engine or train reaches a point 1,000 feet from the nearest side line of the street or crossing;
(f) All locomotives operated within the limits of the City shall be equipped as necessary with screens or other devices sufficient to prevent the escape of sparks from the engine.
(Ord. No. 89178. Passed 2-17-30)
(a) Each of the following railroad companies, their successors and assigns shall install and maintain at their own cost and expense proper automatic gates or flash signals, or both, at the crossings of such railroad companies, and the streets and avenues as herein set forth, all to the satisfaction of the Director of Public Safety:
(1) Penn Central Railroad:
E. 38th St.
E. 40th St.
E. 49th St.
E. 53rd St.
Marquette Ave. and E. 70th St.
E. 72nd St.
E. 99th St.
Fischer Rd.
Coit Rd.
Eddy Rd.
Lakewood Heights Blvd.
Puritas Ave.
Puritas Springs Rd.
W. 140th St.
W. 150th St.
(2) Norfolk and Western Railroad Company:
Broadway Ave.
E. 75th St.
Jennings Rd.
(3) Erie-Lackawanna Railroad Company:
E. 65th St.
E. 116th St.
Lee Rd.
Columbus Rd.
(4) Nickel Plate Railroad Company:
W. 110th St.
W. 117th St.
(5) Baltimore and Ohio Railroad Company:
Jennings Rd.
(b) The Director shall see that the requirements of this section are fully complied with. Upon failure of any of the foregoing railroad companies to comply with the provisions contained herein within thirty days after notice thereof, the Director is hereby authorized to install or order the same done and charge the cost thereof, as well as the cost of maintenance, to such company. Such cost shall be made a lien upon the property of the company as provided by law.
(Ord. No. 1132-46. Passed 6-10-46)
All police officers are authorized and shall enforce the rules and regulations contained in this chapter.
Each railroad company whose track is located within the limits of the City, shall place at the crossings of all streets designated by the Director of Public Service, and within thirty days after receiving notice to that effect from the Director, a conspicuous painted sign, calling attention to the passing of cars and locomotives while the bell is ringing.
All railroad companies occupying in whole or in part any street within the limits of the City, are required to clean all such streets so occupied at least three times per year, or more often if required by the Director of Public Service. Upon failure of any railroad company to comply with this section, the Commissioner of Streets is hereby authorized to clean any street so occupied, at such company's expense.
For the construction of tracks crossing any street by any railroad company, the permission to cross such street as granted by the City shall conform to the requirements and conditions contained in this chapter, and such other conditions as Council may impose.
Every railroad company to which a permit has been issued to occupy or cross any street by its tracks shall be required to maintain the area of such street so occupied or crossed, including a space one foot beyond each rail or the outer rail in case of more than one track, in a state of repair equal to that maintained upon the street in the vicinity of such tracks. Upon failure to undertake to make any repairs ordered in writing by the Director of Public Service, within ten days after receipt of such notice by any railroad company, the Director shall cause such repairs to be made forthwith at the expense of the railroad company.
(Ord. No. 2479-45. Passed 12-17-45)
Every railroad company to which a permit has been issued to occupy or cross any street by its tracks, upon written notice from the Director of Public Service, pursuant to an ordinance or resolution of Council that such permit has been revoked, shall proceed within ten days thereafter to undertake to remove such tracks. Upon failure to do so, the Director shall forthwith proceed with the removal of the tracks at the expense of the railroad company.
(Ord. No. 2479-45. Passed 12-17-45)
Any railroad company operating within the City within twenty days after service of notice as provided for in Section 631.19, shall light that portion of its railroad where the same intersects public streets or thoroughfares at grade.
(Ord. No. 307-A-44. Passed 10-2-44)
The manner of lighting shall be by electric street lights, consisting of the installation of proper wiring, standards, luminaries and lamp sizes of the ordinary kind maintained by the Bureau of Street Lighting at the particular locations, or such deviation therefrom as may be requested by the railroad company and consented to by the Director of Public Properties. The lights shall be kept lighted during all of the hours provided in the City schedule for lighting public street lights.
(Ord. No. 307-A-44. Passed 10-2-44)
If, as a result of elimination of a crossing at grade, the contract between the City and the railroad company provides for lighting the underpass, bridge or other structure resulting from such grade elimination, the railroad company shall maintain such lighting as provided in Section 631.17 and in accordance with such contract. Every contract hereafter made for the elimination of grade crossings shall contain a provision requiring the railroad company to light, at its own expense, all underpasses, bridges and structures resulting from the elimination of such crossing at grade.
(Ord. No. 307-A-44. Passed 10-2-44)
If any railroad company operating within the City fails to provide the lights provided for herein within twenty days from written notice thereof, then the Director of Public Properties shall install the lights or order the same done and charge the cost thereof to such company. Such cost shall be made a lien upon the property of the company as provided by law.
(Ord. No. 307-A-44. Passed 10-2-44)
As evidence of compliance, any railroad company operating within the City shall cause to be filed with the Director of Public Properties, a copy of each and every contract, duly authenticated, made for the lighting of crossings at grade, underpasses, bridges and other structures within the City, and shall submit such other and additional proof that provision has been made therefor as the Director may require.
(Ord. No. 307-A-44. Passed 10-2-44)
The Director of Public Properties may, upon written petition, exonerate a railroad company from the necessity of complying with the provisions of Sections 631.16 to 631.18, if the volume of travel over the crossing or the presence of the bridge or crossing does not constitute a substantial hazard to the general public, or when lighting or additional lighting will not promote the safety of the general public. Nothing herein shall authorize the Director to relieve the railroad company from the duty to light where a grade crossing has been eliminated and the lighting thereof provided for by contract.
(Ord. No. 307-A-44. Passed 10-2-44)
No person, firm or corporation shall construct, maintain or use any railroad or switch track, in, on or across any street, alley or other public way of the City, except in compliance with the requirements of Sections 631.22 to 631.25. However, such sections shall not be held to apply to any street railroad tracks included within the terms of any franchise to which the City is a party.
(Ord. No. 76084. Passed 11-23-26)
Every person, firm or corporation desiring to construct, maintain or operate any railroad or switch track in, on or across any street, alley or other public way shall file an application with the Director of Public Service, setting forth the place or places at which it is desired to construct such railroad tracks, the number of tracks to be laid, the period of time during which it is desired to maintain such tracks and such other information as may be required by the Director. Such application shall be accompanied by a drawing, in triplicate, showing the proposed construction to the satisfaction of the Director. Each application shall be accompanied by a fee of fifty dollars ($50.00). This section shall not be construed to require the filing of plans and the payment of fees for permanent railroad and switch tracks existing at the time of its enactment.
(Ord. No. 76084. Passed 11-23-26)
No permit for the construction, maintenance or use of any railroad or switch track in, on or across any street, alley or other public way shall be granted for longer than one year except by ordinance, particularly describing the streets, alleys or other public ways to be occupied thereunder, setting forth terms and conditions of such permit, including provisions for its forfeiture or revocation in case of switch tracks or temporary tracks, if any bond is to be required, fixing the amount and conditions of bond to be given to secure the maintenance and safe operation of such tracks and the restoration of the street upon the termination of the permit, and to indemnify the City against any loss by reason of the construction, maintenance or operation of such railroad or switch track.
(Ord. No. 76084. Passed 11-23-26)
When the application provided for in Section 631.23 is for temporary use of a street, alley or other public way, by constructing, maintaining and using a railroad or switch track in, on or across the same for a period of not more than one year, the Director of Public Service may issue a permit therefor, subject to such conditions and specifications in the interest of the public safety and convenience as he shall in each instance deem necessary. Each permit shall be subject to forfeiture or revocation at any time by the Director of Public Service, either by reason of any violation of its terms or of other considerations in the public interest. No permit shall be issued until the applicant has filed with the City a proper bond, signed by a surety company authorized to do business in the State, approved by the Director of Law, and conditioned to save the City harmless from any claims for damages to person or property by reason of the construction, maintenance or operation of such railroad or switch tracks, and indemnifying the City for any costs incurred by it in the maintenance of any part of the street, alley or other public way occupied by such railroad or switch tracks, and for the cost of restoring such street, alley or other public way to the satisfaction of the Director of Public Service, upon the termination of such permit, in such amount not less than ten thousand dollars ($10,000) as the Director of Public Service estimates and requires. The Director of Public Service may at any time increase the amount of the bond so required, and if such increase is not furnished within a reasonable time, he shall thereupon revoke such permit. Any permit granted for a period of less than one year may be extended by the Director of Public Service for a period ending not more than one year from its original issuance, without additional fees. Any temporary permit, the purposes of which have not been completed within one year from its original issuance, may upon the payment by the applicant of fees as on the original application, be renewed once and no more, for an additional period of not more than one year, by the Director of Public Service.
(Ord. No. 76084. Passed 11-23-26)
Where any steam railroad and street railroad cross each other at grade, the persons or companies operating the same shall, at their joint expense, put in crossing frogs of the most improved pattern and keep the same in good condition. A violator, in default of so doing after twenty days' notice in writing on the order of the Director of Public Service, shall be subject to the penalties provided in Section 631.99(h).
(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)
No railroad company shall fail to pay a fine imposed pursuant to a violation of division (b) of Section 631.06 within one hundred twenty (120) days of the date set by the court for the payment of the fine. Each additional day beyond the one hundred twentieth day of failure to pay a fine imposed under that section is a separate offense.
(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)
(a) Whoever violates Section 631.02 shall be fined five hundred dollars ($500.00). The employee or agent of any corporation or company in charge of any locomotive or other device operated in violation of Section 631.02 shall be subject to a like fine.
(b) Whoever violates Section 631.03 or 631.04 shall be guilty of a misdemeanor and fined not less than one hundred dollars ($100.00) nor more than two hundred and fifty dollars ($250.00).
(c) Whoever violates division (a) of Section 631.06 or Section 631.07 shall be fined not more than one hundred dollars ($100.00).
(d) Whoever violates division (b) or division (c) of Section 631.06 shall be fined for a first offense five hundred dollars ($500.00) plus an additional one hundred dollars ($100.00) for each minute that the violation exceeds twenty five (25) minutes, except that the total amount of the fine for a first offense shall not exceed ten thousand dollars ($10,000.00). Whoever violates division (b) or division (c) of Section 631.06 shall be fined for a second or subsequent offense one thousand dollars ($1,000.00) pIus an additional two hundred dollars ($200.00) for each minute that the violation exceeds twenty five (25) minutes, except that the total amount of the fine for a second or subsequent offense shall not exceed twenty thousand dollars ($20,000.00). In addition to the fines specified above, whoever violates division (b) or division (c) of Section 631.06 as a third or subsequent offense shall be sentenced to not less than ten (10) days nor more than thirty (30) days imprisonment, or both.
(e) Whoever violates Section 631.09 shall be fined not less than seven hundred and fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00).
(f) Any railroad company or any officer or employee of a railroad company violating any of the provisions of Sections 631.01 to 631.12, for which no specific penalty is provided, shall be fined not less than two hundred and fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(g) Any person, firm or corporation violating any of the provisions of Section 631.22 to 631.25 shall be guilty of a misdemeanor, and fined not more than seven hundred and fifty dollars ($750.00) for a first offense, and not more than one thousand dollars ($1,000.00) for each subsequent offense.
(h) Whoever violates or fails to comply with Section 63L26 shall he fined not more than two hundred and fifty dollars ($250.00) for each offense, and one hundred dollars ($100.00) for each day the offense is continued.
(i) If any person is found guilty of a first offense for violation of Section 631.01 upon a finding that he operated a train within the City limits faster than 35 mph, such person shall be guilty of a misdemeanor of the fourth degree. On each subsequent offense within one year after the first offense, such person shall be guilty of a misdemeanor of the third degree.
(j) Whoever violates Section 631.27 shall be fined ten thousand dollars ($10,000) for a first offense and shall be fined twenty thousand dollars ($20,000) for a second or subsequent offense.
(Ord. No. 551-2000. Passed 7-17-00, eff. 7-25-00)