Any person who shall:
Shall for every such offense forfeit to the company running the train a sum not exceeding $5.00.
On complaint made on oath and after summary hearing of the facts and circumstances or on admission of the parties, any magistrate of the municipality where the offender may be arrested shall have jurisdiction to impose such fine with costs. The arrest may be made by any police officer or by a commissioned railroad policeman.
N.J.S. § 48:12-166