Sec. 2.1. A railroad that violates section 3 or 4 of this chapter is subject to a civil penalty of one hundred dollars ($100) for each day the violation continues. The maximum penalty under this section is five thousand dollars ($5,000). The Indiana department of transportation may bring an action to recover a civil penalty under this section in the circuit or superior court of the county in which the crossing that is the subject of the violation is located.
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