Reno City Council members on Wednesday approved a first reading of an ordinance that, if enacted, would ban trespassing within 100 feet of the railroad tracks within the city.
Not everyone treading that close to railroad tracks would be breaking the law, however. If there is somewhere the public is able to be, such as a sidewalk, park or fishing spot by the river, which happens to be within 100 feet of the tracks, their right to use the public area would trump the new ordinance.
Travis Truhill, the city’s maintenance and operations director, said public safety is the priority for the new ordinance.
“The trains we see running through town frequently are very large … these trains cannot slow down quickly, they cannot maneuver out of the way,” Truhill said. “From a maintenance and operations perspective, we have a lot of challenges and infrastructure in the area.”
According to Truhill, trespassing and debris within the railroad area drastically hinder the ability of city staff and emergency first responders to respond to incidents.
Council member Naomi Duerr said she believes the ordinance is reasonable and she is “generally supportive.” Council member Kathleen Taylor added that, if the ordinance is adopted, enforcement needs to be taken seriously.
Council member Meghan Ebert said she was concerned about the ordinance’s intent versus enforcement because nothing specifically states that public spaces such as sidewalks and parks within 100 feet can be used. She asked for that to be included in writing.
Brian Sooudi, chief deputy city attorney, said that when a law’s restrictions extend geographically through a large area of the city, listing any type of activity that could be an exception to the rule would be “virtually impossible.”
“When you write a law you don’t normally say ‘except this, except this, except this, except this,’” he said. “The only time you’d see exceptions would be regarding ADA compliance.”
However, Sooudi said, law enforcement officers “always treat the citizens of the community with respect and compassion.”
Ebert said if someone is arrested or cited for something else, she is concerned a trespassing citation could be tacked on. She said she thinks the public perception could be that the ordinance is going to be a magic solution for cleaning up the railroad tracks. In contrast, she added, Union Pacific property is private property and the city cannot enforce rules on Union Pacific property.
Council member Jenny Brekhus said the ordinance would push homeless individuals into neighborhoods.
“I have driven over those overpasses and said, ‘thank goodness those people are on the railroad tracks and not on the river,’” Brekhus said. “So be careful what you ask for. Mr. Truhill might get his easements … but where are these folks going?”
Mayor Hillary Schieve said the issue is complex and told Brekhus to “take a deep breath.”
Brekhus said it’s easy to write an ordinance, but the city should instead use half of the redevelopment budget to provide subsidized housing. Multiple times she commented that the city cared more about approving applications to build breweries rather than subsidized housing.
“We didn’t do that, that’s not correct,” Schieve said.
“Well that’s what I saw, I saw a form,” Brekhus said. “So I vote no.”
“I’m sorry, today you seem to be very angry so take it down a minute,” Schieve said. “No one said they’re gonna go build breweries, Jenny.”
The ordinance will come back before the council for a second reading before it is fully adopted.
