SRO'S Corner
Two sides of our campus are bordered by railroad tracks. As we have an open campus during lunch, parents and students need to be aware of a dangerous activity that has been taking place during the lunch period. Students have been racing to beat trains, trespassing on railroad property, and climbing onto, over and even under slow moving or stopped trains. This is a very dangerous practice. The following is information from the Illinois Compiled Statutes, Chapter 625, Act 5, and Section 18c. (625 ILCS 5/18c-7503)
Definitions:
"Railroad property" means all tangible property owned, leased, or operated by a railroad carrier including a right of way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier including trains, locomotives, engines, railroad cars, work equipment, rolling stock, or safety devices. "Railroad property" does not include a railroad carrier's administrative buildings or offices, office equipment, or intangible property such as software or other information.
"Right of way" means the track or roadbed owned, leased, or operated by a rail carrier which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.
Statute:
Sec. 18c 7503. Trespassing on railroad property; terminal
security.
(1) Trespassing on railroad property prohibited.
(a) General prohibition. Except as otherwise provided in
paragraph
(b) of this subsection, no person may:
(i) walk, ride, drive or be upon or along the right of way or rail
yard of a rail carrier within the State,
at a place other than a public
crossing;
(ii) enter or be upon any railroad property;
(iii) without lawful authority or the railroad carrier's consent,
ride on the outside of a train or inside
a passenger car, locomotive, or
freight car, including a box car, flatbed, or container;
(iv) willfully lead or contrive any animal to go upon the
railroad's rights of way for any reason other
than to pass over such rights
of way at a marked public crossing; or
(v) throw or cause to be thrown on to the railroad's rights of way
any waste paper, ashes, household
waste, glass, metal, tires, refuse,
or rubbish.
Penalties:
(2) Penalties
(a) Any person found in
violation of item (i), (ii), (iii) or (iv) of paragraph (a) of
subsection (1) shall be guilty of a Class C misdemeanor for a first
offense. In addition to such other sanctions as may be deemed
appropriate by the court, the person shall be subject to a
mandatory fine of not less than $150 or more than $500, or to
imprisonment for not less than 5 days nor more than 30 days, or
both. For each subsequent offense, the person shall be guilty of a
Class A misdemeanor. In addition to such sanctions as may be deemed
appropriate by the court, the person shall be subject to a
mandatory fine of not less than $500 nor more than $1,000, or to
imprisonment for not less than 10 days or more than one year, or
both.
(b) Any person found in violation of item (v) of paragraph (a) of subsection (1) shall be guilty of an offense and in addition to such sanctions as may be deemed appropriate by the court shall be subject to a fine of not less than $100 nor more than $500, or community service of not less than 8 hours nor more than 50 hours, or both. If damage to any railroad property or bodily injury occurs to another as a result of a violation of item (v) of paragraph (a) of subsection (1), that person shall be charged with the offense of Malicious Removal of or Damage to Railroad Property or Freight pursuant to Section 18c 7502.
