§ 136-192. Obstructing highways; defective crossings; notice; failure to repair after notice misdemeanor.
§136‑192. Obstructing highways; defective crossings; notice; failure torepair after notice misdemeanor.
(a) Whenever, in theirconstruction, the works of any railroad corporation shall cross establishedroads or ways, the corporation shall so construct its works as not to impedethe passage or transportation of persons or property along the same. If anyrailroad corporation shall so construct its crossings with public streets,thoroughfares or highways, or keep, allow or permit the same at any time to remainin such condition as to impede, obstruct or endanger the passage ortransportation of persons or property along, over or across the same, thegoverning body of the county, city or town, or other public road authorityhaving charge, control or oversight of such roads, streets or thoroughfares maygive to such railroad notice, in writing, directing it to place any suchcrossing in good condition, so that persons may cross and property be safelytransported across the same.
(b) The notice may beserved upon the agent of the offending railroad located nearest to thedefective or dangerous crossing about which the notice is given, or it may beserved upon the section master whose section includes such crossing. Suchnotice may be served by delivering a copy to such agent or section master, orby registered or certified mail addressed to either of such persons.
(c) If the railroadcorporation shall fail to put such crossing in a safe condition for the passageof persons and property within 30 days from and after the service of thenotice, it shall be guilty of a Class 1 misdemeanor. Each calendar month whichshall elapse after the giving of the notice and before the placing of suchcrossing in repair shall be a separate offense.
(d) This section shallin nowise be construed to abrogate, repeal or otherwise affect any existing lawnow applicable to railroad corporations with respect to highway and streetcrossings; but the duty imposed and the remedy given by this section shall bein addition to other duties and remedies now prescribed by law. (R.C.,c. 61, s. 30; 1874‑5, c. 83; Code, s. 1710; Rev., s. 2569; 1915, c. 250,ss. 1, 2; C.S., ss. 3449, 3450; 1963, c. 1165, s. 1; 1993, c. 539, s. 480;1994, Ex. Sess., c. 24, s. 14(c); 1998‑128, s. 14.)