As Reported by House Transportation and Public Safety Committee 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
REPRESENTATIVES CLANCY-PERRY-BENDER-METTLER-ROBINSON-DAMSCHRODER- 9
OLMAN 10
_________________________________________________________________ 11
A B I L L
To amend sections 5589.21, 5589.24, and 5589.99 and 13
to enact sections 307.203, 5589.20, and 5589.211 14
of the Revised Code to increase from a minor 15
misdemeanor to a misdemeanor of the first degree
the offense of obstruction of a street, road, or 17
highway by a railroad; to establish a fine of 18
$1,000 that must be imposed for such an offense; 19
to create the offense of obstructing a public
street, road, or highway by abandoning a 20
locomotive and to establish a fine of $5,000 that 21
must be imposed for such an offense; to require 23
that fines for any such violation be paid to the 24
county or municipal corporation in which the 26
violation occurred; to specify that each county 27
or municipal corporation within which an instance 28
of obstruction of a public street, road, or 29
highway occurs that is not caused by the 30
abandonment of a locomotive may charge the 31
railroad company with only one violation arising 32
from that instance; and to require the fines to 33
be used for railroad highway grade crossing 34
improvements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 36
Section 1. That sections 5589.21, 5589.24, and 5589.99 be 38
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amended and sections 307.203, 5589.20, and 5589.211 of the 39
Revised Code be enacted to read as follows: 41
Sec. 307.203. A BOARD OF COUNTY COMMISSIONERS MAY 43
APPROPRIATE MONEYS FROM THE GENERAL FUND FOR ANY PURPOSES FOR 44
WHICH MONEYS IN THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF 45
THE COUNTY CREATED PURSUANT TO SECTION 5589.24 OF THE REVISED 46
CODE MAY BE USED. AFTER APPROPRIATION, SUCH MONEYS MAY BE 47
TRANSFERRED TO THAT FUND.
Sec. 5589.20. THE GENERAL ASSEMBLY FINDS THAT THE IMPROPER 49
OBSTRUCTION OF RAILROAD GRADE CROSSINGS BY TRAINS IS A DIRECT 50
THREAT TO THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF THIS 51
STATE INASMUCH AS IMPROPER OBSTRUCTIONS CREATE UNIQUELY DIFFERENT 52
LOCAL SAFETY PROBLEMS BY PREVENTING THE TIMELY MOVEMENT OF 53
AMBULANCES, THE VEHICLES OF LAW ENFORCEMENT OFFICERS AND 54
FIREFIGHTERS, AND OFFICIAL AND UNOFFICIAL VEHICLES TRANSPORTING 55
HEALTH CARE OFFICIALS AND PROFESSIONALS. IT IS THE INTENT OF THE 56
GENERAL ASSEMBLY IN AMENDING SECTIONS 5589.21, 5589.24, AND 57
5589.99 OF THE REVISED CODE THAT THE HEALTH, SAFETY, AND WELFARE 58
OF THE CITIZENS OF THIS STATE BE ENHANCED THROUGH THOSE 60
AMENDMENTS.
Sec. 5589.21. (A) No railroad company shall obstruct, or 69
permit or cause to be obstructed a public street, road, or 71
highway, by permitting a railroad car, locomotive, or other 72
obstruction to remain upon or across it for longer than five 73
minutes, to the hindrance or inconvenience of travelers or a
person passing along or upon such street, road, or highway. No 74
railroad company shall fail, at 75
(B) AT the end of each five minute period of obstruction 77
of a public street, road, or highway, to EACH RAILROAD COMPANY 79
SHALL cause such railroad car, locomotive, or other obstruction 81
to be removed for sufficient time, not less than three minutes,
to allow the passage of persons and vehicles waiting to cross. 82
(C) This section does not apply to obstruction of a public 84
street, road, or highway by a continuously moving through train 87
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or caused by circumstances wholly beyond the control of the 88
railroad company, but does apply to other obstructions, including 89
without limitation those caused by stopped trains and trains 90
engaged in switching, loading, or unloading operations.
(D) IF A RAILROAD CAR, LOCOMOTIVE, OR OTHER OBSTRUCTION IS 92
OBSTRUCTING A PUBLIC STREET, ROAD, OR HIGHWAY IN VIOLATION OF 93
DIVISION (A) OF THIS SECTION AND THE VIOLATION OCCURS IN THE 94
UNINCORPORATED AREA OF ONE OR MORE COUNTIES, OR IN ONE OR MORE 95
MUNICIPAL CORPORATIONS, THE OFFICERS AND EMPLOYEES OF EACH 96
AFFECTED COUNTY OR MUNICIPAL CORPORATION MAY CHARGE THE RAILROAD 97
COMPANY WITH ONLY ONE VIOLATION OF THE LAW ARISING FROM THE SAME 98
FACTS AND CIRCUMSTANCES AND THE SAME ACT.
(E) Upon the filing of an affidavit or complaint for 100
violation of DIVISION (A) OF this section, summons shall be 102
issued to the railroad company pursuant to division (B) of
section 2935.10 of the Revised Code, which summons shall be 103
served on the regular ticket or freight agent of the company in 104
the county where the offense occurred. 105
Sec. 5589.211. NO RAILROAD COMPANY SHALL OBSTRUCT, OR 107
PERMIT OR CAUSE TO BE OBSTRUCTED, A PUBLIC STREET, ROAD, OR 108
HIGHWAY, BY PERMITTING ANY PART OF A TRAIN WHOSE CREW HAS 109
ABANDONED THE LOCOMOTIVE TO REMAIN ACROSS IT FOR LONGER THAN FIVE 110
MINUTES TO THE HINDRANCE OR INCONVENIENCE OF TRAVELERS OR A 111
PERSON PASSING ALONG OR UPON THE STREET, ROAD, OR HIGHWAY, UNLESS 112
THE SAFETY OF THE TRAIN CREW REQUIRES THEM TO ABANDON THE 113
LOCOMOTIVE.
UPON THE FILING OF AN AFFIDAVIT OR COMPLAINT FOR VIOLATION 115
OF THIS SECTION, SUMMONS SHALL BE ISSUED TO THE RAILROAD COMPANY 116
PURSUANT TO DIVISION (B) OF SECTION 2935.10 OF THE REVISED CODE, 118
WHICH SUMMONS SHALL BE SERVED ON THE REGULAR TICKET OR FREIGHT 119
AGENT OF THE COMPANY IN THE COUNTY WHERE THE OFFENSE OCCURRED. 120
Sec. 5589.24. (A) All penalties FINES collected under FOR 130
A VIOLATION OF DIVISION (A) OF section 5589.21 OR 5589.211 of the 131
Revised Code shall be paid to the township clerk of the township 132
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in which the offense was committed, and be applied by the board 134
of township trustees to the improvement of roads and highways in 135
such township AS FOLLOWS:
(1) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 137
COUNTY IF THE VIOLATION OCCURRED IN AN UNINCORPORATED AREA OF THE 138
COUNTY;
(2) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 140
MUNICIPAL CORPORATION IN WHICH THE VIOLATION OCCURRED IF THE 141
VIOLATION OCCURRED IN A MUNICIPAL CORPORATION. 142
(B) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND 144
THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION SHALL 145
ESTABLISH A RAILROAD GRADE CROSSING IMPROVEMENT FUND. THE FUND 146
SHALL CONSIST OF FINES PAID TO THE COUNTY OR MUNICIPAL 147
CORPORATION UNDER DIVISION (A) OF THIS SECTION AND ANY OTHER 148
MONEYS ALLOCATED TO THE FUND BY THE COUNTY OR MUNICIPAL
CORPORATION. A COUNTY OR MUNICIPAL CORPORATION SHALL USE ITS 149
RAILROAD GRADE CROSSING IMPROVEMENT FUND TO PAY ANY PART OF THE 150
COST ASSIGNED BY THE PUBLIC UTILITIES COMMISSION TO THE COUNTY OR 151
MUNICIPAL CORPORATION UNDER SECTION 4907.471 OF THE REVISED CODE. 152
THE COUNTY OR MUNICIPAL CORPORATION ALSO MAY USE ITS RAILROAD
GRADE CROSSING IMPROVEMENT FUND FOR OTHER IMPROVEMENTS TO 153
RAILROAD GRADE CROSSINGS, INCLUDING SIGNS, SIGNALS, GATES, OR 154
OTHER PROTECTIVE DEVICES, AS THE BOARD OF COUNTY COMMISSIONERS OR 155
LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION DETERMINES TO BE 156
APPROPRIATE.
Sec. 5589.99. (A) Whoever violates section 5589.01 of the 165
Revised Code is guilty of a misdemeanor of the third degree. 166
(B) Whoever violates section 5589.02, 5589.03, 5589.05, 168
5589.06, 5589.08, 5589.081, 5589.09, 5589.11, 5589.12, 5589.21, 169
5589.32, or 5589.33 of the Revised Code is guilty of a minor 171
misdemeanor.
(C) Whoever violates section 5589.07 or 5589.10 of the 173
Revised Code is guilty of a misdemeanor of the fourth degree. 175
(D) WHOEVER VIOLATES DIVISION (A) OF SECTION 5589.21 OF 178
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THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE 179
AND SHALL BE FINED ONE THOUSAND DOLLARS. 181
(E) WHOEVER VIOLATES SECTION 5589.211 OF THE REVISED CODE 184
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE AND SHALL BE FINED 185
FIVE THOUSAND DOLLARS. 186
Section 2. That existing sections 5589.21, 5589.24, and 188
5589.99 of the Revised Code are hereby repealed. 190