City (Portsmouth) and State (VA) Codes

Sec. 29-5. - Trespassing on track.

(a)

Any person who goes upon the track of a railroad other than to pass over such track at a public or private crossing or who willfully rides, drives or leads any animal, or contrives for any animal to go on such track except to cross as aforesaid, without the consent of the railroad company or other person operating such road, shall be guilty of a class 4 misdemeanor.

(b)

A second violation of the provisions of this section occurring within two years of the first violation shall be punishable as a class 3 misdemeanor. A third or subsequent violation of the provisions of this section occurring within two years of a second or subsequent violation shall be punishable as a class 1 misdemeanor.

(c)

This section shall not apply to any section of track which has been legally abandoned pursuant to an order of a federal or state agency having jurisdiction over the track and is not being used for railroad service. For purposes of this section, "track" shall mean the rail, ties and ballast of the railroad.

(Code 1973, § 30-10; Code 1988, § 29-10; Ord. No. 1993-52, § 1, 6-22-1993)

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State of VA Code 18.2-159

§ 18.2-159

Trespassing on railroad track.

Any person who goes upon the track of a railroad other than to pass over such road at a public or private crossing, or who willfully rides, drives or leads any animal or contrives for any animal to go on such track except to cross as aforesaid, without the consent of the railroad company or person operating such road, shall be guilty of a Class 4 misdemeanor. A second violation of the provisions of this section occurring within two years of the first violation shall be punishable as a Class 3 misdemeanor. A third or subsequent violation of the provisions of this section occurring within two years of a second or a subsequent violation shall be punishable as a Class 1 misdemeanor. This section shall not apply to any section of track which has been legally abandoned pursuant to an order of a federal or state agency having jurisdiction over the track and is not being used for railroad service.

For purposes of this section, track shall mean the rail, ties, and ballast of the railroad.

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Mark Kalina, Jr. on RR Safety

Former Ohio State Student Mark Kalina Jr. talks about the dangers of trespassing on railroad property in this new video for Norfolk Southern.

Norfolk Southern Corp urges everyone to be safe and alert at railroad crossings and to never walk on train tracks. Former Ohio State Student Mark Kalina Jr. talks about the dangers of trespassing on railroad property in this new video for Norfolk Southern. Kalina, who survived a 2012 pedestrian-train incident in Columbus, Ohio, is now a double amputee and national spokesperson for Operation Lifesaver Inc.'s "See Tracks? Think Train!" safety campaign. “Using railroad tracks as a short cut is never worth it,” Kalina said. “Besides being illegal, it can dramatically change - or end - your life." Last year, more than 900 people were injured or killed while trespassing on railroad property throughout the United States, according to Federal Railroad Administration statistics.