The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 207 |
SENATOR ARMBRUSTER
A BILL
To amend sections 5589.24 and 5589.99 of the Revised Code to increase the
penalty for obstruction of a street, road, or highway by a railroad, to
require
that fines for the violation be paid to the county or municipal corporation in
which the violation occurred, and to require the fines to be used for railroad
highway grade crossing improvements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5589.24 and 5589.99 of the Revised Code be amended to
read as follows:
Sec. 5589.24. (A) All penalties FINES collected
under FOR A VIOLATION OF section 5589.21 of the Revised
Code shall be paid to the township clerk of the township in which the
offense
was committed, and be applied by the board of township trustees to the
improvement of roads and highways in such township AS FOLLOWS:
(1) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE COUNTY IF THE
VIOLATION OCCURRED IN AN UNINCORPORATED AREA OF THE COUNTY;
(2) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE MUNICIPAL
CORPORATION IN WHICH THE VIOLATION OCCURRED IF THE VIOLATION OCCURRED IN A
MUNICIPAL CORPORATION.
(B) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND THE
LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION SHALL ESTABLISH A RAILROAD
GRADE CROSSING IMPROVEMENT FUND. THE FUND SHALL CONSIST OF FINES PAID TO THE
COUNTY OR MUNICIPAL CORPORATION UNDER DIVISION (A) OF THIS SECTION
AND ANY OTHER MONEYS ALLOCATED TO THE FUND BY THE COUNTY OR MUNICIPAL
CORPORATION. A COUNTY OR MUNICIPAL CORPORATION SHALL USE ITS RAILROAD GRADE
CROSSING IMPROVEMENT FUND TO PAY ANY PART OF THE COST ASSIGNED BY THE PUBLIC
UTILITIES COMMISSION TO THE COUNTY OR MUNICIPAL CORPORATION UNDER SECTION
4907.471 of the Revised Code. THE COUNTY OR MUNICIPAL CORPORATION ALSO MAY USE ITS RAILROAD
GRADE CROSSING IMPROVEMENT FUND FOR OTHER IMPROVEMENTS TO RAILROAD GRADE
CROSSINGS, INCLUDING SIGNS, SIGNALS, GATES, OR OTHER PROTECTIVE DEVICES, AS
THE BOARD OF COUNTY COMMISSIONERS OR LEGISLATIVE AUTHORITY OF A MUNICIPAL
CORPORATION DETERMINES TO BE APPROPRIATE.
Sec. 5589.99. (A) Whoever violates section 5589.01 of the Revised Code is
guilty of a misdemeanor of the third degree.
(B) Whoever violates section 5589.02, 5589.03, 5589.05, 5589.06, 5589.08,
5589.081, 5589.09, 5589.11, 5589.12, 5589.21, 5589.32, or 5589.33 of
the
Revised Code is guilty of a minor misdemeanor.
(C) Whoever violates section 5589.07 or 5589.10 of the Revised Code is
guilty
of a misdemeanor of the fourth degree.
(D) WHOEVER VIOLATES SECTION 5589.21 of the Revised Code IS GUILTY OF A
MISDEMEANOR OF THE FIRST DEGREE.
Section 2. That existing sections 5589.24 and 5589.99 of the Revised Code are
hereby repealed.
|