§ 22-92. Trespassing on railroad property.

(a)

Trespassing on railroad property is:

(1)

Entering or remaining on railroad property, without consent of the owner or the owner's agent, knowing that it is railroad property; or

(2)

Recklessly causing in any manner the derailment of a train, railroad car or rail-mounted work equipment.

(b)

Violation of subsection (a) of this section which results in a demonstrable monetary loss, damage or destruction of railroad property, when such loss is valued at less than $1,500.00, upon conviction, shall be considered a class A violation.

(c)

Subsection (a) of this section shall not be construed to interfere with the lawful use of a public or private crossing.

(d)

Nothing in this section shall be construed as limiting a representative or member of a labor organization which represents or is seeking to represent the employees of the railroad from conducting such business as provided under the Railway Labor Act (45 USC §141 et seq.) and other federal labor laws.

(e)

As used in this section, the term "railroad property" includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad company.

(Code 1988, § 22-56; Ord. No. 66173, § 6, 11-7-1996; Ord. No. O-48-15 , § 2, 8-13-2015)

State law reference

Similar provisions, K.S.A. 27-3761.