As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 207 5
1999-2000 6
SENATORS ARMBRUSTER-CARNES-SPADA-HAGAN-OELSLAGER-CUPP-MUMPER 8
_________________________________________________________________ 10
A B I L L
To amend sections 5589.21, 5589.24, and 5589.99 of 12
the Revised Code to increase the penalty for 15
obstruction of a street, road, or highway by a
railroad, to require that fines for the violation 17
be paid to the county or municipal corporation in
which the violation occurred, to specify that 19
each county or municipal corporation within which 20
an instance of obstruction of a public street, 21
road, or highway occurs may charge the railroad
company with only one violation arising from that 22
instance, and to require the fines to be used for 23
railroad highway grade crossing improvements. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 5589.21, 5589.24, and 5589.99 of 28
the Revised Code be amended to read as follows: 30
Sec. 5589.21. (A) No railroad company shall obstruct, or 39
permit or cause to be obstructed a public street, road, or 41
highway, by permitting a railroad car, locomotive, or other 42
obstruction to remain upon or across it for longer than five 43
minutes, to the hindrance or inconvenience of travelers or a
person passing along or upon such street, road, or highway. No 44
railroad company shall fail, at 45
(B) AT the end of each five minute period of obstruction 47
of a public street, road, or highway, to EACH RAILROAD COMPANY 49
SHALL cause such railroad car, locomotive, or other obstruction 51
to be removed for sufficient time, not less than three minutes,
2
to allow the passage of persons and vehicles waiting to cross. 52
(C) This section does not apply to obstruction of a public 54
street, road, or highway by a continuously moving through train 57
or caused by circumstances wholly beyond the control of the 58
railroad company, but does apply to other obstructions, including 59
without limitation those caused by stopped trains and trains 60
engaged in switching, loading, or unloading operations.
(D) IF A RAILROAD CAR, LOCOMOTIVE, OR OTHER OBSTRUCTION IS 62
OBSTRUCTING A PUBLIC STREET, ROAD, OR HIGHWAY IN VIOLATION OF 63
DIVISION (A) OF THIS SECTION AND THE VIOLATION OCCURS IN THE 64
UNINCORPORATED AREA OF ONE OR MORE COUNTIES, OR IN ONE OR MORE 65
MUNICIPAL CORPORATIONS, THE OFFICERS AND EMPLOYEES OF EACH 66
AFFECTED COUNTY OR MUNICIPAL CORPORATION MAY CHARGE THE RAILROAD 67
COMPANY WITH ONLY ONE VIOLATION OF THE LAW ARISING FROM THE SAME 68
FACTS AND CIRCUMSTANCES AND THE SAME ACT.
(E) Upon the filing of an affidavit or complaint for 70
violation of DIVISION (A) OF this section, summons shall be 72
issued to the railroad company pursuant to division (B) of
section 2935.10 of the Revised Code, which summons shall be 73
served on the regular ticket or freight agent of the company in 74
the county where the offense occurred. 75
Sec. 5589.24. (A) All penalties FINES collected under FOR 85
A VIOLATION OF DIVISION (A) OF section 5589.21 of the Revised 86
Code shall be paid to the township clerk of the township in which 87
the offense was committed, and be applied by the board of 89
township trustees to the improvement of roads and highways in 90
such township AS FOLLOWS:
(1) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 92
COUNTY IF THE VIOLATION OCCURRED IN AN UNINCORPORATED AREA OF THE 93
COUNTY;
(2) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 95
MUNICIPAL CORPORATION IN WHICH THE VIOLATION OCCURRED IF THE 96
VIOLATION OCCURRED IN A MUNICIPAL CORPORATION. 97
(B) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND 99
3
THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION SHALL 100
ESTABLISH A RAILROAD GRADE CROSSING IMPROVEMENT FUND. THE FUND 101
SHALL CONSIST OF FINES PAID TO THE COUNTY OR MUNICIPAL 102
CORPORATION UNDER DIVISION (A) OF THIS SECTION AND ANY OTHER 103
MONEYS ALLOCATED TO THE FUND BY THE COUNTY OR MUNICIPAL
CORPORATION. A COUNTY OR MUNICIPAL CORPORATION SHALL USE ITS 104
RAILROAD GRADE CROSSING IMPROVEMENT FUND TO PAY ANY PART OF THE 105
COST ASSIGNED BY THE PUBLIC UTILITIES COMMISSION TO THE COUNTY OR 106
MUNICIPAL CORPORATION UNDER SECTION 4907.471 OF THE REVISED CODE. 107
THE COUNTY OR MUNICIPAL CORPORATION ALSO MAY USE ITS RAILROAD
GRADE CROSSING IMPROVEMENT FUND FOR OTHER IMPROVEMENTS TO 108
RAILROAD GRADE CROSSINGS, INCLUDING SIGNS, SIGNALS, GATES, OR 109
OTHER PROTECTIVE DEVICES, AS THE BOARD OF COUNTY COMMISSIONERS OR 110
LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION DETERMINES TO BE 111
APPROPRIATE.
Sec. 5589.99. (A) Whoever violates section 5589.01 of the 120
Revised Code is guilty of a misdemeanor of the third degree. 121
(B) Whoever violates section 5589.02, 5589.03, 5589.05, 123
5589.06, 5589.08, 5589.081, 5589.09, 5589.11, 5589.12, 5589.21, 124
5589.32, or 5589.33 of the Revised Code is guilty of a minor 126
misdemeanor.
(C) Whoever violates section 5589.07 or 5589.10 of the 128
Revised Code is guilty of a misdemeanor of the fourth degree. 130
(D) WHOEVER VIOLATES DIVISION (A) OF SECTION 5589.21 OF 133
THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 134
Section 2. That existing sections 5589.21, 5589.24, and 136
5589.99 of the Revised Code are hereby repealed. 138