To amend sections 5589.21, 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, to specify that each county or municipal corporation within which an instance of obstruction of a public street, road, or highway occurs may charge the railroad company with only one violation arising from that instance, 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:

Sec. 5589.21. (A) No railroad company shall obstruct, or permit or cause to be obstructed a public street, road, or highway, by permitting a railroad car, locomotive, or other obstruction to remain upon or across it for longer than five minutes, to the hindrance or inconvenience of travelers or a person passing along or upon such street, road, or highway. No railroad company shall fail, at

(B) AT the end of each five minute period of obstruction of a public street, road, or highway, to EACH RAILROAD COMPANY SHALL cause such railroad car, locomotive, or other obstruction to be removed for sufficient time, not less than three minutes, to allow the passage of persons and vehicles waiting to cross.

(C) This section does not apply to obstruction of a public street, road, or highway by a continuously moving through train or caused by circumstances wholly beyond the control of the railroad company, but does apply to other obstructions, including without limitation those caused by stopped trains and trains engaged in switching, loading, or unloading operations.

(D) IF A RAILROAD CAR, LOCOMOTIVE, OR OTHER OBSTRUCTION IS OBSTRUCTING A PUBLIC STREET, ROAD, OR HIGHWAY IN VIOLATION OF DIVISION (A) OF THIS SECTION AND THE VIOLATION OCCURS IN THE UNINCORPORATED AREA OF ONE OR MORE COUNTIES, OR IN ONE OR MORE MUNICIPAL CORPORATIONS, THE OFFICERS AND EMPLOYEES OF EACH AFFECTED COUNTY OR MUNICIPAL CORPORATION MAY CHARGE THE RAILROAD COMPANY WITH ONLY ONE VIOLATION OF THE LAW ARISING FROM THE SAME FACTS AND CIRCUMSTANCES AND THE SAME ACT.

(E) Upon the filing of an affidavit or complaint for violation of DIVISION (A) OF this section, summons shall be issued to the railroad company pursuant to division (B) of section 2935.10 of the Revised Code, which summons shall be served on the regular ticket or freight agent of the company in the county where the offense occurred.

Sec. 5589.24. (A) All penalties FINES collected under FOR A VIOLATION OF DIVISION (A) 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 DIVISION (A) OF SECTION 5589.21 of the Revised Code IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.