(a) Except in the case of a right of way designated as a demonstration snowmobile trail in Section 82126 of Part 821 (Snowmobiles) of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, being M.C.L.A. 324.82126, no person shall walk, ride, drive or be upon or along the right of way or yard of a railroad company operating its lines within the City, or go upon or cross the right of way or yard at a place other than a public or private crossing, unless having first obtained written permission from the owner or occupant railroad, its agent or servant.
(b) For purposes of this section, "right of way" means the track or roadbed owned by a railroad and that property owned by a railroad 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, the existence of railroad tracks or appropriate signs.
(c) No person shall be upon, enter or damage any buildings, rolling stock or equipment of any railway company operating its lines within the City.
(d) This section shall not apply to any of the following:
(1) Passengers on trains or employees of a railroad company while engaged in the performance of the duties of their employment.
(2) An authorized representative of a railroad employee.
(3) A person going upon the right of way or tracks to save human life or to protect property.
(4) A person going or being upon or in the station grounds or depot of the railroad company as a passenger or for the purpose of transacting business with the railroad company.
(5) A person, members of his or her family or his or her employees, going upon the right of way or tracks for the purpose of crossing from one part to another of a farm he or she may own or lease, where the farm lies on both sides of the right of way.
(6) A person having written permission to go upon the right of way or tracks granted by the railroad company; a person using officially abandoned rights of way for recreational purposes; the Michigan Public Service Commission; the State Transportation Department; the Interstate Commerce Commission; or the Federal Railroad Administration.
(7) A registered land surveyor, or his or her employees, for the purpose of making land surveys.
(Res. 98-475B. Passed 11-16-98.)