Ord 25-2019 Amending Chapter 102 Seciton 102-5 Railroad Crossing 6/18/2019 Ordinance No. 25-2019
Ordinance amending Chapter 102, Traffic and Vehicles, of the Code of
Ordinances by the addition of Sec. 102-5, Entry Upon or Jumping On
and Off or Clinging to Train or Railroad Property; providing a penalty;
providing a repealer clause; providing for inclusion; providing for
severability; and providing an effective date.
WHEREAS, railroad tracks, trestles, yards and equipment are private property;
and,
WHEREAS, the State of Texas had approximately 82 rail trespass casualties in
2018, including 36 deaths and 46 injuries; and,
WHEREAS, the City Council of Wichita Falls desires to protect pedestrian safety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Section 1. The Code of Ordinances is hereby amended at Chapter 102, Traffic
and Vehicles, by the addition of Sec. 102-5, Entry Upon or Jumping On and Off or Clinging
to Train or Railroad Property, so that such section shall read as follows:
"Sec. 102-5. — Entry upon or jumping on and off or clinging to train or railroad
property.
(a) It shall be unlawful for any person to enter upon the railroad tracks or upon
any railroad car, engine, or tender, whether such car, engine, or tender is in
motion or standing. It shall be unlawful for any person to crawl under, jump
off or on, cling to, hang on, or go under any railroad car, engine, or tender,
whether it is in motion or standing.
(b) It shall be a defense to prosecution for an offense under subsection (a) that
the person is a paying passenger, an employee of the railroad company, or
an official of the railroad company.
(c) A violation of this section is a class c misdemeanor punishable by a fine as
set out in section 1-14 of this code.
Secs. 102.56 — 102-30. — Reserved."
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 3. It is the intention of the City Council of the City of Wichita Falls, Texas,
that the provisions of this ordinance shall become a part of the Code of Ordinances of the
City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
Section 4. Should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force
and effect.
Section 5. The effective date of this ordinance is July 19, 2019.
PASSED AND APPROVED this the 18t" day of June, 2019.
MAYO R
ATTEST:
J
City Clerk
Times Record News
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CITY OF WICHITA FALL S
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STATE OF WISCONSIN,COUNTY OF BROWN
On this July 16,2019 AD,personally appeared before me
the undersigned authority for the Times Publishing
Company of Wichita Falls,publishers of the Wichita Falls in
Wichita County,Texas,and of general circulation in said
county,and upon being duly sworn by me,on oath states
that the attached advertisement is a true and correct copy of
advertising published in day(1)issues hereof on the
following date:
June 26,2019
Su,�kcr�ibed-and savor t before-me oJ��2019
Legal Clerk U
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y _b -71
My commission expires
TARA MONDLOCH
Notary Public
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PO#: 25-2019
Ordinance No.25-2019
Ordinance amending Chapter 102,Traffic and Vehicles,of the
Code of Ordinances by the addition of Sec. 102-5, Entry Upon
or Jumping On and Off or Clinging to Train or Railroad
Property; providing a penalty; providing a repealer clause;
providing for inclusion; providing for severability; and
providing an effective date.
(c) A violation of this section is a class c misdemeanor
punishable by a fine as set out in section 1-14 of this code.
Section 2.All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 5. The effective date of this ordinance is July 19, 2019.
PASSED AND APPROVED this the 18th day of June, 2019.