(a) Obstruction of public roads.
(1) 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.
(2) At the end of each five minute period of obstruction of a public street, road or highway, 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.
(3) Divisions (a)(1) and (a)(2) of this section do 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.
(4) If a railroad car, locomotive, or other obstruction is obstructing a public street, road, or highway in violation of division (a)(1) 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.
(ORC 5589.21(A) - (D))
(b) Abandonment of locomotive. 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.
(ORC 5589.211)
(c) Complaint and summons. Upon the filing of an affidavit or complaint for violation of division (a)(1) or (b) of this section, summons shall be issued to the railroad company pursuant to Ohio R.C. 2935.10(B), which summons shall be served on the regular ticket or freight agent of the company in the county where the offense occurred.
(ORC 5589.21(E), 5589.211)
(d) Penalty.
(1) Whoever violates division (a)(1) of this section is guilty of a misdemeanor of the first degree and shall be fined one thousand dollars.
(ORC 5589.99(D))
(2) Whoever violates division (b) of this section is guilty of a misdemeanor of the first degree and shall be fined five thousand dollars.
(ORC 5589.99(E))
(e) Railroad Grade Crossing Improvement Fund.
(1) All fines collected for a violation of division (a)(1) or (b) of this section shall be paid to the village’s Railroad Grade Crossing Improvement Fund.
(2) Council shall establish a Railroad Grade Crossing Improvement Fund. The Fund shall consist of fines paid to the village under this section and any other moneys allocated to the fund by the village. Except as otherwise provided in this division, the village shall use the Railroad Grade Crossing Improvement Fund to pay any part of the cost assigned by the Public Utilities Commission to the village under Ohio R.C. 4907.471. The village 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 Council determines to be appropriate.
(ORC 5589.24)