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Re: CA PC 369 (i) ..
Author: Ken Shattock (KRK)
Date: 07-31-2012 - 06:28
Hi Smitty--
CA PC 369(i) addresses the subject of "interferring with, hindering, etc., etc" the operation of the railway. Did that lady walking across the tracks, when no trains were in the vicinity, do such a thing ? NO !! I think she'll WALK and not pay zip !
Check out the following and see why:
[www.indybay.org]
California Penal Code Section 369i
(a) Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner's agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty of a misdemeanor.
As used in this subdivision, “property of any railroad” means any land owned, leased, or possessed by a railroad upon which is placed a railroad track and the land immediately adjacent thereto, to the distance of 20 feet on either side of the track, which is owned, leased, or possessed by a railroad.
(b) Any person who enters or remains upon any rail transit related property owned or operated by a county transportation commission or transportation authority without permission or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the railline or rail-related facility is guilty of a misdemeanor.
As used in this subdivision, “rail transit related property” means any land or facilities owned, leased, or possessed by a county transportation commission or transportation authority.
(c) This section does not prohibit picketing in the immediately adjacent area of the property of any railroad or rail transit related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute.
And then-- a bit of further discussion:
[nwprr.net]
Have a good one, Smitty.
KRK
CA PC 369(i) addresses the subject of "interferring with, hindering, etc., etc" the operation of the railway. Did that lady walking across the tracks, when no trains were in the vicinity, do such a thing ? NO !! I think she'll WALK and not pay zip !
Check out the following and see why:
[www.indybay.org]
California Penal Code Section 369i
(a) Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner's agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty of a misdemeanor.
As used in this subdivision, “property of any railroad” means any land owned, leased, or possessed by a railroad upon which is placed a railroad track and the land immediately adjacent thereto, to the distance of 20 feet on either side of the track, which is owned, leased, or possessed by a railroad.
(b) Any person who enters or remains upon any rail transit related property owned or operated by a county transportation commission or transportation authority without permission or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the railline or rail-related facility is guilty of a misdemeanor.
As used in this subdivision, “rail transit related property” means any land or facilities owned, leased, or possessed by a county transportation commission or transportation authority.
(c) This section does not prohibit picketing in the immediately adjacent area of the property of any railroad or rail transit related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute.
And then-- a bit of further discussion:
[nwprr.net]
Have a good one, Smitty.
KRK
