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AN ORDINANCE TO ~lEND CHAPTER 29 OF THE CODE OF THE CITY <br />PORTSMOUTH, VIRGINIA, i988, BY ~4ENDING SECTION 29-10 <br />THEREOF, PERTAINING TO TRESPASSING ON RAILROAD TRACKS. <br /> <br />OF <br /> <br /> BE IT ORDAINED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br /> 1. That Section <br />Portsmouth, Virginia, <br />read as follows: <br /> <br />29-10 of the Code of the City of <br />1988, be amended and reordained to <br /> <br />Section 29-10. Trespassing on track. <br /> <br /> (a) Any person who goes upon the track of a railroad <br />other than to pass over such track at a public or private <br />crossing or who willfully rides, drives or leads any <br />animal, or contrives for any animal to go on such track <br />except to cross as aforesaid, without the consent of the <br />railroad company or other person operating such road, shall <br />be guilty of a Class 4 misdemeanor. <br /> <br /> (b) A second violation of the provisions of this <br />section occurring within two (2) years of the first <br />violation shall be punishable as a C~ass 3 misdemeanor. <br />third or subsequent violation of the provisions of this <br />section occurring within two (2) years of a second or <br />subsequent violation shall be punishable as a Class 1 <br />misdemeanor. <br /> <br /> (c) This section shall not apply to any section of <br />track which has been legally abandoned pursuant to an order <br />of a federal or state agency having jurisdiction over the <br />track and ~s not being used for railroad service. For <br />purposes of this section, "track" shall mean the rail, <br />ties, and ballast of the railroad. <br /> <br /> 2. That this ordinance shall take effect on July 1, <br />1993. <br /> <br /> Adopted by the Council of the City of Portsmouth, <br />Virginia, at a meeting held on June 22, 1993. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />