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 Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. S. B. No. 207 |
SENATORS ARMBRUSTER-CARNES-SPADA-HAGAN-OELSLAGER-CUPP-MUMPER-
REPRESENTATIVES CLANCY-PERRY-BENDER-METTLER-ROBINSON-DAMSCHRODER-
OLMAN-SCHULER-D. MILLER-HARRIS-SCHURING-O'BRIEN-ROBERTS-
WINKLER-KREBS-BARNES-GARDNER-HOOPS-BRITTON-BUEHRER-TAYLOR-
SULLIVAN-LOGAN
A BILL
To amend sections 5589.21, 5589.24, and 5589.99 and to enact sections 307.203,
5589.20, and 5589.211 of the Revised Code to
increase from a minor misdemeanor to a misdemeanor of the first degree
the
offense of obstruction of a street, road, or highway by a railroad; to
establish a fine of $1,000 that must be imposed for such an
offense; to create the offense of obstructing a public street,
road, or highway by abandoning a locomotive and to establish a
fine of $5,000 that must be imposed for such an offense;
to
require
that fines for any such 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
that is not caused by the abandonment of a locomotive
may charge the railroad company with only one
violation arising from that instance;
and generally 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 5589.21, 5589.24, and 5589.99 be amended and sections
307.203, 5589.20, and 5589.211 of the Revised Code be
enacted to
read as follows:
Sec. 307.203. A BOARD OF COUNTY COMMISSIONERS MAY APPROPRIATE
MONEYS FROM THE GENERAL FUND FOR ANY PURPOSES FOR WHICH MONEYS IN THE
RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE COUNTY CREATED PURSUANT TO
SECTION 5589.24 OF THE REVISED CODE MAY BE USED. AFTER
APPROPRIATION, SUCH MONEYS MAY BE TRANSFERRED TO THAT FUND.
Sec. 5589.20. THE GENERAL ASSEMBLY FINDS THAT THE IMPROPER
OBSTRUCTION OF RAILROAD GRADE CROSSINGS BY TRAINS IS A DIRECT THREAT TO
THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF THIS STATE INASMUCH
AS IMPROPER OBSTRUCTIONS CREATE UNIQUELY DIFFERENT LOCAL SAFETY
PROBLEMS BY PREVENTING THE TIMELY MOVEMENT OF AMBULANCES, THE
VEHICLES OF LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS, AND
OFFICIAL AND UNOFFICIAL VEHICLES TRANSPORTING HEALTH CARE
OFFICIALS AND PROFESSIONALS. IT IS THE INTENT OF THE GENERAL
ASSEMBLY IN AMENDING SECTIONS 5589.21, 5589.24, AND 5589.99 OF THE
REVISED CODE THAT THE HEALTH, SAFETY, AND WELFARE OF THE
CITIZENS
OF THIS STATE BE ENHANCED THROUGH THOSE AMENDMENTS.
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. 5589.211. NO RAILROAD COMPANY SHALL OBSTRUCT, OR PERMIT OR
CAUSE TO BE OBSTRUCTED, A PUBLIC STREET, ROAD, OR HIGHWAY, BY PERMITTING
ANY PART OF A TRAIN WHOSE CREW HAS ABANDONED THE LOCOMOTIVE TO REMAIN
ACROSS IT FOR LONGER THAN FIVE MINUTES TO THE HINDRANCE OR
INCONVENIENCE OF TRAVELERS OR A PERSON PASSING ALONG OR UPON THE
STREET, ROAD, OR HIGHWAY, UNLESS THE SAFETY OF THE TRAIN CREW
REQUIRES THEM TO ABANDON THE LOCOMOTIVE.
UPON THE FILING OF AN AFFIDAVIT OR COMPLAINT FOR VIOLATION 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 OR 5589.211 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. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 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.
IF, DURING ANY FISCAL YEAR, THE FINES A COUNTY COLLECTS FOR
VIOLATIONS OF DIVISION (A) OF SECTION 5589.21 AND SECTION 5589.211
OF THE REVISED CODE EQUAL THREE THOUSAND DOLLARS OR LESS,
DURING
THE SUBSEQUENT FISCAL YEAR THE COUNTY MAY USE THAT AMOUNT OF MONEY IN ITS
RAILROAD GRADE CROSSING IMPROVEMENT FUND FOR ANY PURPOSE
THAT THE BOARD OF COUNTY COMMISSIONERS DETERMINES TO BE
APPROPRIATE.
IF, DURING ANY FISCAL YEAR, THE FINES A COUNTY COLLECTS FOR
VIOLATIONS OF DIVISION (A) OF SECTION 5589.21 AND SECTION 5589.211
OF THE REVISED CODE EXCEED THREE THOUSAND DOLLARS, DURING
THE
SUBSEQUENT TWO FISCAL YEARS THE COUNTY SHALL USE ALL THE MONEY IN ITS RAILROAD
GRADE CROSSING IMPROVEMENT FUND ONLY FOR THOSE
PURPOSES DESCRIBED IN THIS DIVISION. IN SUCH A CASE, THE AMOUNT
OF MONEY THE COUNTY COLLECTS FOR VIOLATIONS OF DIVISION (A) OF
SECTION 5589.21 AND SECTION 5589.211 OF THE REVISED CODE
DURING
THE FISCAL YEAR IMMEDIATELY FOLLOWING THE SECOND OF THOSE TWO FISCAL YEARS
SHALL DETERMINE THE DISPOSITION UNDER THIS DIVISION OF
THE MONEY THE COUNTY COLLECTS DURING THAT FISCAL YEAR.
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
AND SHALL BE FINED ONE
THOUSAND DOLLARS.
(E) WHOEVER VIOLATES SECTION 5589.211 OF THE REVISED
CODE IS
GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE AND SHALL BE FINED FIVE
THOUSAND DOLLARS.
Section 2. That existing sections 5589.21, 5589.24, and 5589.99 of the Revised
Code are
hereby repealed.
|