As Reported by the Senate Highways and 2
Transportation Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 207 6
1999-2000 7
SENATOR ARMBRUSTER 9
_________________________________________________________________ 11
A B I L L
To amend sections 5589.21, 5589.24, and 5589.99 of 13
the Revised Code to increase the penalty for 16
obstruction of a street, road, or highway by a
railroad, to require that fines for the violation 18
be paid to the county or municipal corporation in
which the violation occurred, to specify that 20
each county or municipal corporation within which 21
an instance of obstruction of a public street, 22
road, or highway occurs may charge the railroad
company with only one violation arising from that 23
instance, and to require the fines to be used for 24
railroad highway grade crossing improvements. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 5589.21, 5589.24, and 5589.99 of 29
the Revised Code be amended to read as follows: 31
Sec. 5589.21. (A) No railroad company shall obstruct, or 40
permit or cause to be obstructed a public street, road, or 42
highway, by permitting a railroad car, locomotive, or other 43
obstruction to remain upon or across it for longer than five 44
minutes, to the hindrance or inconvenience of travelers or a
person passing along or upon such street, road, or highway. No 45
railroad company shall fail, at 46
(B) AT the end of each five minute period of obstruction 48
of a public street, road, or highway, to EACH RAILROAD COMPANY 50
SHALL cause such railroad car, locomotive, or other obstruction 52
2
to be removed for sufficient time, not less than three minutes,
to allow the passage of persons and vehicles waiting to cross. 53
(C) This section does not apply to obstruction of a public 55
street, road, or highway by a continuously moving through train 58
or caused by circumstances wholly beyond the control of the 59
railroad company, but does apply to other obstructions, including 60
without limitation those caused by stopped trains and trains 61
engaged in switching, loading, or unloading operations.
(D) IF A RAILROAD CAR, LOCOMOTIVE, OR OTHER OBSTRUCTION IS 63
OBSTRUCTING A PUBLIC STREET, ROAD, OR HIGHWAY IN VIOLATION OF 64
DIVISION (A) OF THIS SECTION AND THE VIOLATION OCCURS IN THE 65
UNINCORPORATED AREA OF ONE OR MORE COUNTIES, OR IN ONE OR MORE 66
MUNICIPAL CORPORATIONS, THE OFFICERS AND EMPLOYEES OF EACH 67
AFFECTED COUNTY OR MUNICIPAL CORPORATION MAY CHARGE THE RAILROAD 68
COMPANY WITH ONLY ONE VIOLATION OF THE LAW ARISING FROM THE SAME 69
FACTS AND CIRCUMSTANCES AND THE SAME ACT.
(E) Upon the filing of an affidavit or complaint for 71
violation of DIVISION (A) OF this section, summons shall be 73
issued to the railroad company pursuant to division (B) of
section 2935.10 of the Revised Code, which summons shall be 74
served on the regular ticket or freight agent of the company in 75
the county where the offense occurred. 76
Sec. 5589.24. (A) All penalties FINES collected under FOR 86
A VIOLATION OF DIVISION (A) OF section 5589.21 of the Revised 87
Code shall be paid to the township clerk of the township in which 88
the offense was committed, and be applied by the board of 90
township trustees to the improvement of roads and highways in 91
such township AS FOLLOWS:
(1) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 93
COUNTY IF THE VIOLATION OCCURRED IN AN UNINCORPORATED AREA OF THE 94
COUNTY;
(2) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 96
MUNICIPAL CORPORATION IN WHICH THE VIOLATION OCCURRED IF THE 97
VIOLATION OCCURRED IN A MUNICIPAL CORPORATION. 98
3
(B) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND 100
THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION SHALL 101
ESTABLISH A RAILROAD GRADE CROSSING IMPROVEMENT FUND. THE FUND 102
SHALL CONSIST OF FINES PAID TO THE COUNTY OR MUNICIPAL 103
CORPORATION UNDER DIVISION (A) OF THIS SECTION AND ANY OTHER 104
MONEYS ALLOCATED TO THE FUND BY THE COUNTY OR MUNICIPAL
CORPORATION. A COUNTY OR MUNICIPAL CORPORATION SHALL USE ITS 105
RAILROAD GRADE CROSSING IMPROVEMENT FUND TO PAY ANY PART OF THE 106
COST ASSIGNED BY THE PUBLIC UTILITIES COMMISSION TO THE COUNTY OR 107
MUNICIPAL CORPORATION UNDER SECTION 4907.471 OF THE REVISED CODE. 108
THE COUNTY OR MUNICIPAL CORPORATION ALSO MAY USE ITS RAILROAD
GRADE CROSSING IMPROVEMENT FUND FOR OTHER IMPROVEMENTS TO 109
RAILROAD GRADE CROSSINGS, INCLUDING SIGNS, SIGNALS, GATES, OR 110
OTHER PROTECTIVE DEVICES, AS THE BOARD OF COUNTY COMMISSIONERS OR 111
LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION DETERMINES TO BE 112
APPROPRIATE.
Sec. 5589.99. (A) Whoever violates section 5589.01 of the 121
Revised Code is guilty of a misdemeanor of the third degree. 122
(B) Whoever violates section 5589.02, 5589.03, 5589.05, 124
5589.06, 5589.08, 5589.081, 5589.09, 5589.11, 5589.12, 5589.21, 125
5589.32, or 5589.33 of the Revised Code is guilty of a minor 127
misdemeanor.
(C) Whoever violates section 5589.07 or 5589.10 of the 129
Revised Code is guilty of a misdemeanor of the fourth degree. 131
(D) WHOEVER VIOLATES DIVISION (A) OF SECTION 5589.21 OF 134
THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 135
Section 2. That existing sections 5589.21, 5589.24, and 137
5589.99 of the Revised Code are hereby repealed. 139