As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-SCHULER-D. MILLER-HARRIS-SCHURING-O'BRIEN-ROBERTS- 10
WINKLER-KREBS-BARNES-GARDNER-HOOPS-BRITTON-BUEHRER-TAYLOR- 11
SULLIVAN-LOGAN 12
_________________________________________________________________ 13
A B I L L
To amend sections 5589.21, 5589.24, and 5589.99 and 15
to enact sections 307.203, 5589.20, and 5589.211 16
of the Revised Code to increase from a minor 17
misdemeanor to a misdemeanor of the first degree
the offense of obstruction of a street, road, or 19
highway by a railroad; to establish a fine of 20
$1,000 that must be imposed for such an offense; 21
to create the offense of obstructing a public
street, road, or highway by abandoning a 22
locomotive and to establish a fine of $5,000 that 23
must be imposed for such an offense; to require 25
that fines for any such violation be paid to the 26
county or municipal corporation in which the 28
violation occurred; to specify that each county 29
or municipal corporation within which an instance 30
of obstruction of a public street, road, or 31
highway occurs that is not caused by the 32
abandonment of a locomotive may charge the 33
railroad company with only one violation arising 34
from that instance; and generally to require the 35
fines to be used for railroad highway grade 36
crossing improvements.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 5589.21, 5589.24, and 5589.99 be 40
amended and sections 307.203, 5589.20, and 5589.211 of the 41
Revised Code be enacted to read as follows: 43
Sec. 307.203. A BOARD OF COUNTY COMMISSIONERS MAY 45
APPROPRIATE MONEYS FROM THE GENERAL FUND FOR ANY PURPOSES FOR 46
WHICH MONEYS IN THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF 47
THE COUNTY CREATED PURSUANT TO SECTION 5589.24 OF THE REVISED 48
CODE MAY BE USED. AFTER APPROPRIATION, SUCH MONEYS MAY BE 49
TRANSFERRED TO THAT FUND.
Sec. 5589.20. THE GENERAL ASSEMBLY FINDS THAT THE IMPROPER 51
OBSTRUCTION OF RAILROAD GRADE CROSSINGS BY TRAINS IS A DIRECT 52
THREAT TO THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF THIS 53
STATE INASMUCH AS IMPROPER OBSTRUCTIONS CREATE UNIQUELY DIFFERENT 54
LOCAL SAFETY PROBLEMS BY PREVENTING THE TIMELY MOVEMENT OF 55
AMBULANCES, THE VEHICLES OF LAW ENFORCEMENT OFFICERS AND 56
FIREFIGHTERS, AND OFFICIAL AND UNOFFICIAL VEHICLES TRANSPORTING 57
HEALTH CARE OFFICIALS AND PROFESSIONALS. IT IS THE INTENT OF THE 58
GENERAL ASSEMBLY IN AMENDING SECTIONS 5589.21, 5589.24, AND 59
5589.99 OF THE REVISED CODE THAT THE HEALTH, SAFETY, AND WELFARE 60
OF THE CITIZENS OF THIS STATE BE ENHANCED THROUGH THOSE 62
AMENDMENTS.
Sec. 5589.21. (A) No railroad company shall obstruct, or 71
permit or cause to be obstructed a public street, road, or 73
highway, by permitting a railroad car, locomotive, or other 74
obstruction to remain upon or across it for longer than five 75
minutes, to the hindrance or inconvenience of travelers or a
person passing along or upon such street, road, or highway. No 76
railroad company shall fail, at 77
(B) AT the end of each five minute period of obstruction 79
of a public street, road, or highway, to EACH RAILROAD COMPANY 81
SHALL cause such railroad car, locomotive, or other obstruction 83
to be removed for sufficient time, not less than three minutes,
to allow the passage of persons and vehicles waiting to cross. 84
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(C) This section does not apply to obstruction of a public 86
street, road, or highway by a continuously moving through train 89
or caused by circumstances wholly beyond the control of the 90
railroad company, but does apply to other obstructions, including 91
without limitation those caused by stopped trains and trains 92
engaged in switching, loading, or unloading operations.
(D) IF A RAILROAD CAR, LOCOMOTIVE, OR OTHER OBSTRUCTION IS 94
OBSTRUCTING A PUBLIC STREET, ROAD, OR HIGHWAY IN VIOLATION OF 95
DIVISION (A) OF THIS SECTION AND THE VIOLATION OCCURS IN THE 96
UNINCORPORATED AREA OF ONE OR MORE COUNTIES, OR IN ONE OR MORE 97
MUNICIPAL CORPORATIONS, THE OFFICERS AND EMPLOYEES OF EACH 98
AFFECTED COUNTY OR MUNICIPAL CORPORATION MAY CHARGE THE RAILROAD 99
COMPANY WITH ONLY ONE VIOLATION OF THE LAW ARISING FROM THE SAME 100
FACTS AND CIRCUMSTANCES AND THE SAME ACT.
(E) Upon the filing of an affidavit or complaint for 102
violation of DIVISION (A) OF this section, summons shall be 104
issued to the railroad company pursuant to division (B) of
section 2935.10 of the Revised Code, which summons shall be 105
served on the regular ticket or freight agent of the company in 106
the county where the offense occurred. 107
Sec. 5589.211. NO RAILROAD COMPANY SHALL OBSTRUCT, OR 109
PERMIT OR CAUSE TO BE OBSTRUCTED, A PUBLIC STREET, ROAD, OR 110
HIGHWAY, BY PERMITTING ANY PART OF A TRAIN WHOSE CREW HAS 111
ABANDONED THE LOCOMOTIVE TO REMAIN ACROSS IT FOR LONGER THAN FIVE 112
MINUTES TO THE HINDRANCE OR INCONVENIENCE OF TRAVELERS OR A 113
PERSON PASSING ALONG OR UPON THE STREET, ROAD, OR HIGHWAY, UNLESS 114
THE SAFETY OF THE TRAIN CREW REQUIRES THEM TO ABANDON THE 115
LOCOMOTIVE.
UPON THE FILING OF AN AFFIDAVIT OR COMPLAINT FOR VIOLATION 117
OF THIS SECTION, SUMMONS SHALL BE ISSUED TO THE RAILROAD COMPANY 118
PURSUANT TO DIVISION (B) OF SECTION 2935.10 OF THE REVISED CODE, 120
WHICH SUMMONS SHALL BE SERVED ON THE REGULAR TICKET OR FREIGHT 121
AGENT OF THE COMPANY IN THE COUNTY WHERE THE OFFENSE OCCURRED. 122
Sec. 5589.24. (A) All penalties FINES collected under FOR 132
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A VIOLATION OF DIVISION (A) OF section 5589.21 OR 5589.211 of the 133
Revised Code shall be paid to the township clerk of the township 134
in which the offense was committed, and be applied by the board 136
of township trustees to the improvement of roads and highways in 137
such township AS FOLLOWS:
(1) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 139
COUNTY IF THE VIOLATION OCCURRED IN AN UNINCORPORATED AREA OF THE 140
COUNTY;
(2) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE 142
MUNICIPAL CORPORATION IN WHICH THE VIOLATION OCCURRED IF THE 143
VIOLATION OCCURRED IN A MUNICIPAL CORPORATION. 144
(B) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND 146
THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION SHALL 147
ESTABLISH A RAILROAD GRADE CROSSING IMPROVEMENT FUND. THE FUND 148
SHALL CONSIST OF FINES PAID TO THE COUNTY OR MUNICIPAL 149
CORPORATION UNDER DIVISION (A) OF THIS SECTION AND ANY OTHER 150
MONEYS ALLOCATED TO THE FUND BY THE COUNTY OR MUNICIPAL
CORPORATION. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A 151
COUNTY OR MUNICIPAL CORPORATION SHALL USE ITS RAILROAD GRADE 152
CROSSING IMPROVEMENT FUND TO PAY ANY PART OF THE COST ASSIGNED BY 153
THE PUBLIC UTILITIES COMMISSION TO THE COUNTY OR MUNICIPAL 154
CORPORATION UNDER SECTION 4907.471 OF THE REVISED CODE. THE 155
COUNTY OR MUNICIPAL CORPORATION ALSO MAY USE ITS RAILROAD GRADE 156
CROSSING IMPROVEMENT FUND FOR OTHER IMPROVEMENTS TO RAILROAD
GRADE CROSSINGS, INCLUDING SIGNS, SIGNALS, GATES, OR OTHER 157
PROTECTIVE DEVICES, AS THE BOARD OF COUNTY COMMISSIONERS OR 158
LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION DETERMINES TO BE 159
APPROPRIATE.
IF, DURING ANY FISCAL YEAR, THE FINES A COUNTY COLLECTS FOR 161
VIOLATIONS OF DIVISION (A) OF SECTION 5589.21 AND SECTION 162
5589.211 OF THE REVISED CODE EQUAL THREE THOUSAND DOLLARS OR 163
LESS, DURING THE SUBSEQUENT FISCAL YEAR THE COUNTY MAY USE THAT 165
AMOUNT OF MONEY IN ITS RAILROAD GRADE CROSSING IMPROVEMENT FUND 166
FOR ANY PURPOSE THAT THE BOARD OF COUNTY COMMISSIONERS DETERMINES 167
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TO BE APPROPRIATE. 168
IF, DURING ANY FISCAL YEAR, THE FINES A COUNTY COLLECTS FOR 169
VIOLATIONS OF DIVISION (A) OF SECTION 5589.21 AND SECTION 170
5589.211 OF THE REVISED CODE EXCEED THREE THOUSAND DOLLARS, 171
DURING THE SUBSEQUENT TWO FISCAL YEARS THE COUNTY SHALL USE ALL 173
THE MONEY IN ITS RAILROAD GRADE CROSSING IMPROVEMENT FUND ONLY 174
FOR THOSE PURPOSES DESCRIBED IN THIS DIVISION. IN SUCH A CASE, 175
THE AMOUNT OF MONEY THE COUNTY COLLECTS FOR VIOLATIONS OF 176
DIVISION (A) OF SECTION 5589.21 AND SECTION 5589.211 OF THE 177
REVISED CODE DURING THE FISCAL YEAR IMMEDIATELY FOLLOWING THE 179
SECOND OF THOSE TWO FISCAL YEARS SHALL DETERMINE THE DISPOSITION 180
UNDER THIS DIVISION OF THE MONEY THE COUNTY COLLECTS DURING THAT 181
FISCAL YEAR.
Sec. 5589.99. (A) Whoever violates section 5589.01 of the 190
Revised Code is guilty of a misdemeanor of the third degree. 191
(B) Whoever violates section 5589.02, 5589.03, 5589.05, 193
5589.06, 5589.08, 5589.081, 5589.09, 5589.11, 5589.12, 5589.21, 194
5589.32, or 5589.33 of the Revised Code is guilty of a minor 196
misdemeanor.
(C) Whoever violates section 5589.07 or 5589.10 of the 198
Revised Code is guilty of a misdemeanor of the fourth degree. 200
(D) WHOEVER VIOLATES DIVISION (A) OF SECTION 5589.21 OF 203
THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE 204
AND SHALL BE FINED ONE THOUSAND DOLLARS. 206
(E) WHOEVER VIOLATES SECTION 5589.211 OF THE REVISED CODE 209
IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE AND SHALL BE FINED 210
FIVE THOUSAND DOLLARS. 211
Section 2. That existing sections 5589.21, 5589.24, and 213
5589.99 of the Revised Code are hereby repealed. 215