elaine Posted July 18, 2009 Share Posted July 18, 2009 A friend Eric passed this info along to me. Five climbers were out at Iron Mtn Crag in PDX, and the railroad ticketed them for trespassing. Don't go there until things get figured out. Quote Link to comment Share on other sites More sharing options...
kevbone Posted July 19, 2009 Share Posted July 19, 2009 Is that the place in LO? Quote Link to comment Share on other sites More sharing options...
tymebldr Posted July 19, 2009 Share Posted July 19, 2009 Yep.... You risk getting a citation for Class 1 trespassing if caught. The officers have explained that the Railroad has access 30' on both sides of the tracks. This encompasses all of the crag. There are new trespassing signs erected at the RR crossing. The Railroad is pressing hard for enforcement. Contact the Lake Oswego PD if you have questions. (503) 635-0245 Quote Link to comment Share on other sites More sharing options...
GreenRoom Posted July 19, 2009 Share Posted July 19, 2009 Too bad the Railroad folks were not on hand to witness all of the trespassing happening the night of July 4th. I was among the hundreds that stopped all along the tracks (not the stretch by crag though) to watch fireworks. Kind of silly since those tracks are rarely used.... Quote Link to comment Share on other sites More sharing options...
tymebldr Posted September 25, 2009 Share Posted September 25, 2009 OK folks...the courts fined me $267 and ordered me to work 50 hours community service. I could pay $10 for each hour but I chose to do work instead. They made me get council as well. $500. I still dont know why they couldn't just have given me the penalty without this guy... So...someone needs to get the clips off of the wall so as to prevent any other "victim" from attempting to climb here. Quote Link to comment Share on other sites More sharing options...
DanO Posted October 18, 2009 Share Posted October 18, 2009 It seems the war against drugs was a flop so they are going with a war against climbers. No doubt that will be more successful. Quote Link to comment Share on other sites More sharing options...
stevetimetravlr Posted October 18, 2009 Share Posted October 18, 2009 Has anyone contacted the Access Fund on this? or is the crag worth battling over? Quote Link to comment Share on other sites More sharing options...
elaine Posted October 19, 2009 Author Share Posted October 19, 2009 Has anyone contacted the Access Fund on this? or is the crag worth battling over? Tony ( AF rep for Oregon) e-mailed me a couple of months ago and said he was addressing this. Quote Link to comment Share on other sites More sharing options...
DonnieK Posted October 19, 2009 Share Posted October 19, 2009 I put this up on a sister thread this weekend, thought I'd also post it here. OK folks...the courts fined me $267 and ordered me to work 50 hours community service. I could pay $10 for each hour but I chose to do work instead. They made me get council as well. $500. I still dont know why they couldn't just have given me the penalty without this guy... So...someone needs to get the clips off of the wall so as to prevent any other "victim" from attempting to climb here. Does anyone know "tymebldr"? No offense, but your posts seem suspect. "clips"? Are you even a climber? the court "made" you hire counsel? Courts don't "make" people hire attorneys. You are free to represent yourself. What was the charge? Who was your attorney? Did you plead guilty? To what? If not, was there a trial? Who else was ticketed, charged with you? You weren't climbing alone when you were ticketed at the time I assume? Who was your judge? Im not saying the fines aren't real, but this post sounds fishy - as if posted by the RR company to scare off climbers. Quote Link to comment Share on other sites More sharing options...
billcoe Posted October 19, 2009 Share Posted October 19, 2009 Hmmm, I don't know tymebldr Donnie: the "clips" off the wall part is interesting. Perhaps Tymebldr can scan his fine or court paperwork and post it? What say thee tymebldr? Quote Link to comment Share on other sites More sharing options...
geoff Posted October 19, 2009 Share Posted October 19, 2009 I say thee is making sense. He already got busted by the train police. Now the internet police is on his ass. If Donnie don't believe maybe he give us his own TR on that crag. True or not, like fables, there is a lesson to be learned. Brand new and shiney signs are a good indiator folks are serious about sending a message. BTW, judges often appoint attorneys in criminal cases, like it or not. And, clips? That's what they are, right? Clip up, clipper. Quote Link to comment Share on other sites More sharing options...
tomtom Posted October 19, 2009 Share Posted October 19, 2009 I think the railroad should just shotcrete the crag and be done with it. Quote Link to comment Share on other sites More sharing options...
Dane Posted October 19, 2009 Share Posted October 19, 2009 I think he means councelor as in "court ordered mental health councelor". I suspect there is more than one in need on this thread Charge? He already stated "Class 1 trespassing ". I think he means Class A...easy enough mistake. They have been calling them "railroad dicks" for a couple hundred years now and for good reason. more: Oregon RV group warns...Trespassing on the railroad tracks (use the legal crossing on Hauser Road) can result in a minimum $240 fine or your arrest for criminal trespassing. http://wweek.com/editorial/3243/7942/ August 30th, 2006] Company cops with badges slapping a hefty ticket on a working man? Rogue, thy name is the Union Pacific Railroad Police. According to records in Multnomah County Circuit Court, Union Pacific railroad officer P.T. Bender stopped 54-year-old Harry Wise from carrying his bicycle across the Brooklyn rail yard in Southeast Portland on June 19. Ignoring Wise's protest that the signs around the yard were illegible, Bender handed the warehouse laborer a citation for trespassing, according to the police report. When Wise showed up at court on Aug. 4—without a lawyer—he found himself on the docket for first-degree criminal trespass, a class A misdemeanor punishable by up to one year in jail and a fine of $6,250. .......... more on the link more.... For your safety the Port of Tillamook Bay railroad is closed to all unauthorized traffic. Violators will be prosecuted per ORS 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person: © Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912. (3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1] STAY AWAY FROM THOSE TRACKS! Editorial by Scott Morrell Reprinted with permission from the Jefferson State Insulator Club newsletter Are you considering a little insulator hunt along the railroad tracks anytime soon? Think again. On October 23, 1999, the penalty for trespassing on railroad property in Oregon was increased from a Class C misdemeanor to a Class A misdemeanor. Formerly, trespassing was punishable by a fine up to $1000 fine and 30 days in jail. Now one risks a $5000 fine and one year in jail. This is vital knowledge for insulator hunters who might try their luck along Oregon's railroad tracks. This draconian legislation was spearheaded by Rep. Kevin Mannix ® from Oregon's 32nd district. His website states: "We have toughened sentences for violent crimes, but we need to toughen sentences for 'property' crimes." "Why?" one might ask, would such a strict punishment be imposed for railroad trespassing? I contacted Mr. Mannix via e-mail, and was told the following: "Enhancing the penalty from a Class C to a Class A misdemeanor gives the law "needed muscle." The Oregon Railroad Association submitted "In recent years, the number of fatalities and injuries to trespassers on railroad property has been climbing to unheard of levels..." ; "it will also make a stronger case for local law enforcement and judges to want to enforce laws governing a growing, serious problem. It will add weight, particularly among youth, to the threat of citation or arrest rather than repeated warnings for railroad trespass." And further, "...people seem not to realize that railroad property is private property, and put themselves at risk illegally trespassing." I found it hard to imagine anyone risking a walk along the tracks under the old rules ($1000 fine & 30 days in jail). So I asked Mr. Mannix why trespassing was further criminalized. I asked if a Class C misdemeanor wasn't sufficient deterrent. Mr. Mannix replied: "Prosecutors and police are more likely to use their scarce resources for a hearing-penalty crime." It is unfortunate that we as a society must impose ever harsher punishments in order to make it "worthwhile" to enforce the law. Undoubtedly, the railroad has very legitimate reasons to keep trespassers away... theft, vandalism, liability lawsuits, etc. But Oregon's railroad trespassing law is among the strictest in the nation... and an unfortunate turn of events for insulator collectors and railroad enthusiasts. In practice, judges will be reasonable in such cases. A collector in the Willamette Valley was recently arrested while hunting insulators along the Union Pacific line. He was fined a little over $100... and the judge knew about the insulator hobby. He "got off easy." More than likely the $5000 fine & jail time is reserved for folks who do real damage and thievery. It is too bad that this collector had to pay a dime for his harmless activity. In a more perfect world, the law could distinguish real criminals from everyone else. If only we lived in such a world. There are still parts of the country where train crews wave & smile as they pass by insulator collectors along the tracks. It is worthwhile to learn the laws in a particular area before beginning a hunt. It is best to ask permission when possible, or if all else fails, stay out of sight... especially in Oregon! -------------------------------------------------------------------------------- For further information, contact: Everett Cutter (Oregon Railroad Association): oraoli@worldnet.att.net Oregon Railroad Association Sylvan Park Office Campus 6441 SW Canyon Court, Suite 260 Portland, OR 97221-1458 Quote Link to comment Share on other sites More sharing options...
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