As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 207 5
1999-2000 6
SENATOR ARMBRUSTER 8
_________________________________________________________________ 10
A B I L L
To amend sections 5589.24 and 5589.99 of the Revised 12
Code to increase the penalty for obstruction of a 13
street, road, or highway by a railroad, to
require that fines for the violation be paid to 15
the county or municipal corporation in which the 16
violation occurred, and to require the fines to
be used for railroad highway grade crossing 17
improvements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 5589.24 and 5589.99 of the 21
Revised Code be amended to read as follows: 22
Sec. 5589.24. (A) All penalties FINES collected under FOR 32
A VIOLATION OF section 5589.21 of the Revised Code shall be paid 33
to the township clerk of the township in which the offense was 35
committed, and be applied by the board of township trustees to
the improvement of roads and highways in such township AS 36
FOLLOWS:
(1) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 38
COUNTY IF THE VIOLATION OCCURRED IN AN UNINCORPORATED AREA OF THE 39
COUNTY;
(2) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 41
MUNICIPAL CORPORATION IN WHICH THE VIOLATION OCCURRED IF THE 42
VIOLATION OCCURRED IN A MUNICIPAL CORPORATION. 43
(B) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND 45
THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION SHALL 46
ESTABLISH A RAILROAD GRADE CROSSING IMPROVEMENT FUND. THE FUND 47
2
SHALL CONSIST OF FINES PAID TO THE COUNTY OR MUNICIPAL 48
CORPORATION UNDER DIVISION (A) OF THIS SECTION AND ANY OTHER 49
MONEYS ALLOCATED TO THE FUND BY THE COUNTY OR MUNICIPAL
CORPORATION. A COUNTY OR MUNICIPAL CORPORATION SHALL USE ITS 50
RAILROAD GRADE CROSSING IMPROVEMENT FUND TO PAY ANY PART OF THE 51
COST ASSIGNED BY THE PUBLIC UTILITIES COMMISSION TO THE COUNTY OR 52
MUNICIPAL CORPORATION UNDER SECTION 4907.471 OF THE REVISED CODE. 53
THE COUNTY OR MUNICIPAL CORPORATION ALSO MAY USE ITS RAILROAD
GRADE CROSSING IMPROVEMENT FUND FOR OTHER IMPROVEMENTS TO 54
RAILROAD GRADE CROSSINGS, INCLUDING SIGNS, SIGNALS, GATES, OR 55
OTHER PROTECTIVE DEVICES, AS THE BOARD OF COUNTY COMMISSIONERS OR 56
LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION DETERMINES TO BE 57
APPROPRIATE.
Sec. 5589.99. (A) Whoever violates section 5589.01 of the 66
Revised Code is guilty of a misdemeanor of the third degree. 67
(B) Whoever violates section 5589.02, 5589.03, 5589.05, 69
5589.06, 5589.08, 5589.081, 5589.09, 5589.11, 5589.12, 5589.21, 70
5589.32, or 5589.33 of the Revised Code is guilty of a minor 72
misdemeanor.
(C) Whoever violates section 5589.07 or 5589.10 of the 74
Revised Code is guilty of a misdemeanor of the fourth degree. 76
(D) WHOEVER VIOLATES SECTION 5589.21 OF THE REVISED CODE 78
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 79
Section 2. That existing sections 5589.24 and 5589.99 of 81
the Revised Code are hereby repealed. 82