63

Criminal statutes in the State of Mississippi involving railroads

63-3-611. Overtaking and passing vehicles on left side of roadway.
(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.
(2) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:
(a) When approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed;
(b) When approaching within one hundred (100) feet of any marked or readily distinguishable bridge, viaduct or tunnel on any roadway other than a four-lane roadway;
(c) When approaching within one hundred (100) feet of or traversing any marked or readily distinguishable intersection or railroad grade crossing;
(d) When official signs are in place directing that traffic keep to the right, or a distinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the State Transportation Commission.
Sources: Codes, 1942, § 8185; Laws, 1938, ch. 200; Laws, 1991, ch. 402, § 1; Laws, 1997, ch. 447, § 1, eff from and after passage (approved March 25, 1997).

63-3-901. Stopping, standing or parking prohibited in specified places.
(1) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places:
a. On a sidewalk;
b. In front of a public or private driveway;
c. Within an intersection;
d. Within ten feet of a fire hydrant;
e. On a crosswalk;
f. Within twenty feet of a crosswalk at an intersection;
g. Within thirty feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;
h. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;
i. Within fifteen feet of the nearest rail of a railroad crossing;
j. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance of any fire station within seventy- five feet of said entrance when properly signposted;
k. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;
l. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
m. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
n. At any place where official signs prohibit stopping.
(2) No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful.
SOURCES: Codes, 1942, § 8217; Laws, 1938, ch. 200.

63-3-1007. Stops at railroad grade crossings in obedience to signal indicating approach of train; effect of noncompliance upon right of recovery in civil action.
(1) Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest track of such railroad and shall not proceed until he can do so safely.
(2) The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. The violation of this section shall not of itself defeat recovery and the question of negligence or the violation aforesaid, shall be left to the jury and the comparative negligence statute and prima facie statute of this state shall apply in these cases as in other cases of negligence.
Sources: Codes, 1942, § 8209; Laws, 1938, ch. 200; Laws, 2004, ch. 448, § 3, eff from and after July 1, 2004.

63-3-1009. Stops at designated particularly dangerous railroad grade crossings.
The Mississippi Transportation Commission is hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest track of such grade crossing and shall proceed only upon exercise of due care.
Sources: Codes, 1942, § 8210; Laws, 1938, ch. 200; Laws, 2004, ch. 448, § 4, eff from and after July 1, 2004.

63-3-1011. Stops at railroad grade crossings by vehicles carrying passengers for hire or explosive substances and school buses.
(1) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances of flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely.
(2) No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed.
(3) This section shall not apply at street railway grade crossings within a business or residence district.
Sources: Codes, 1942, § 8211; Laws, 1938, ch. 200; Laws, 2004, ch. 448, § 5, eff from and after July 1, 2004.

63-3-1013. Moving heavy equipment at railroad grade crossing.
No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six (6) or less miles per hour or a vertical body or load clearance of less than nine (9) inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without notice of any such intended crossing first being given to a superintendent of such railroad and a reasonable time being given to such railroad to provide proper protection at such crossing
Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of such railway and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car.
Sources: Codes, 1942, § 8212; Laws, 1938, ch. 200; Laws, 2004, ch. 448, § 6, eff from and after July 1, 2004.

63-9-11. Penalties for violations of Chapters 3, 5 or 7. (the above listed offences)
(1) It is a misdemeanor for any person to violate any of the provisions of Chapter 3, 5 or 7 of this title, unless such violation is by such chapters or other law of this state declared to be a felony.
(2) Every person convicted of a misdemeanor for a violation of any of the provisions of such chapters for which another penalty is not provided shall for first conviction thereof be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than ten (10) days; for a second such conviction within one (1) year thereafter such person shall be punished by a fine of not more than Two Hundred Dollars ($200.00) or by imprisonment for not more than twenty (20) days or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year after the first conviction such person shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment.
Sources: Codes, 1942, § 8275; Laws, 1938, ch. 200; Laws, 2002, ch. 566, § 1; Laws, 2004, ch. 315, § 1; Laws, 2005, ch. 541, § 6, eff from and after July 1, 2005.

77-9-225. Locomotives to give warning when approaching crossings
Every railroad company shall cause each locomotive engine run by it to be provided with a bell of at least thirty (30) pounds weight and with a whistle or horn which can be heard distinctly at a distance of three hundred (300) yards, and shall cause the bell to be rung or the whistle or horn to be blown at the distance of at least three hundred (300) yards from the place where the railroad crosses over any public highway or municipal street. The bell shall be kept ringing continuously or the whistle or horn shall be kept blowing at repeated intervals until said crossing is passed.
Every person, company or corporation violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than Fifty Dollars ($50.00) or be imprisoned not more than thirty (30) days, or be both so fined and imprisoned, in the discretion of the court.
The provisions of this section shall be enforced by the Mississippi Department of Transportation.
Sources: Codes, 1930, §§ 6125, 6126; 1942, §§ 7777, 7778; Laws, 1924, ch. 320; Laws, 1952, ch. 332; Laws, 1992, ch. 496, § 61, eff from and after July 1, 1992

77-9-235. Obstructing highways and streets
Every railroad company, upon stopping any train at a place where such railroad shall cross a highway, shall so uncouple its cars as not to obstruct travel upon such highway for a longer period than five (5) minutes. Every railroad company shall, upon stopping a train at a place where the railroad is crossed by a street, so uncouple the cars as not to obstruct travel thereon for a longer period than shall be prescribed by ordinance of the city, town or village. A failure to observe this section shall cause a railroad company to be liable to a fine of Fifty Dollars ($50.00) for each offense. The conductor in charge of any train so violating the provisions of this section shall be liable to a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), on conviction thereof.
The provisions of this section shall be enforced by the Mississippi Department of Transportation.
SOURCES: Codes, 1871, § 2423; 1880, § 1049; 1892, § 3551; 1906, § 4049; Hemingway's 1917, § 6673; 1930, § 6128; 1942, § 7780; Laws, 1992, ch. 496, § 62, eff from and after July 1, 1992

77-9-236. Obstructing highways and streets; criminal responsibility of crew complying with orders of employer.
No member of a train crew, yard crew or engine crew of a railroad which is a common carrier shall be held criminally responsible or found guilty of violating any state laws or of any municipal ordinances regulating or intended to regulate the blocking of any street, road or highway grade crossings by trains or passenger or freight cars upon reasonable proof that the blocking of said street, road or highway grade crossings was necessary to comply with the orders or instructions, either written or oral, of his employer or its officers or supervisory officials; provided, however, that the provisions of this section shall not relieve the employer or railroad from any responsibility placed upon said employee or railroad by any such state laws or by such municipal ordinances; and provided further, that the employer or railroad shall stand in the place of the member of the train crew, yard crew or engine crew in such circumstances and shall be responsible for the violation of any such state laws or municipal ordinances and any criminal fines resulting therefrom.
The provisions of this section shall be enforced by the Mississippi Department of Transportation.
SOURCES.- Laws, 1975, ch. 314; 19n ch. 496, § 63, eff from and after July 1, 1992

77-9-237 Speed limit in cities.
Any railroad company having the right of way may run locomotives and cars by steam through cities and towns, at the rate of thirty miles an hour and no more. The company shall be liable for any damages or injury which sustained by any one from such locomotive or cars whilst they are running at a greater speed than thirty miles an hour through any city or town. The public service commission shall have power to fix and prescribe in cities and towns in which railroad companies may run locomotives cars by steam at a greater rate than thirty miles an hour, and whenever it shall have fixed and prescribed such limits in any city or town this section thereafter apply to the running of cars and locomotives by steam within the same.
SOURCES: Codes, 1857, ch. 35, art. 36; 1871, § 2421; 1880, § 1074; 1892, § 3546; 1906, § 4043; Hemingway's 1917, § 6W7; 1930, § 6130-,1942, § 7782; Laws, 1896, p. 76; 1938, ch. 329..

77-9-249 Obedience to signal indicating approach of train
(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this subsection, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when one or more of the following circumstances exists:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; or
(b) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train; or
(c) A railroad train approaching within approximately nine hundred (900) feet of the highway crossing emits a signal in accordance with Section 77-9-225, and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or
(d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
(3) In the trial of all actions to recover personal injury or property damages, sustained by any driver of such vehicles for collision of said vehicle and train in which action it may appear that the said driver may have violated any of the provisions hereof, the question of whether or not the said violation was the sole or approximate cause of the accident and injury shall be for the jury to determine. The violation of this section shall not of itself defeat recovery, and the question of negligence or the violation aforesaid shall be left to the jury; and the comparative negligence statutes and prima facie statute of this state shall apply in these cases as in other cases of negligence.
(4) At any railroad grade crossing provided with visible railroad crossbuck signs without automatic electric or mechanical signal devices, crossing gates or a human flagman giving a signal of the approach or passage of a train, the driver of a vehicle shall, in obedience to such railroad crossbuck sign, yield the right-of-way and slow to a speed reasonable for the existing conditions, and shall stop if required for safety at a clearly marked stop line, or if no stop line, within fifty (50) feet, but not less than fifteen (15) feet, from the nearest rail of the railroad, and shall not proceed until he can do so safely.
(5) Every person, company or corporation violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or imprisoned not more than thirty (30) days, or both such fine and imprisonment, in the discretion of the court.
Sources: Codes, 1930, §§ 6124, 6126; 1942, §§ 7776, 7778; Laws, 1924, ch. 320; Laws, 1974, ch. 525, § 2; Laws, 1995, ch. 512, § 1; Laws, 2000, ch. 543, § 1; Laws, 2004, ch. 448, § 2, eff from and after July 1, 2004.

97-15-1 Destroying, defacing, etc., milepost, signboard, etc., or bridge, underpass or overpass prohibited; penalties; liability for cost of repair; liability of parents of minor.
(1) Any person who shall willfully destroy, deface, mar, damage, pull down or remove any milepost, signboard, or index board, or road number, or railroad crossing sign or flasher signal, or other traffic control device shall, on conviction thereof, be liable for the actual cost of replacing or repairing such sign and shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than six (6) months, or be punished by both such fine and imprisonment. If the offender is a minor, the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device.
(2) The penalties prescribed in subsection (1) of this section shall also be applicable to any person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, underpass or overpass.
SOURCES: Codes, Hutchinson's 1848, ch. 10. art. 7(19); 1857, ch. 64, art. 159; 1871, § 2622; 1880, § 2870; 1892, § 1144; 1906, § 222; Hemingway's 1917, § 952; 1930, § 979; 1942, § 2209; Laws, 1977, ch. 323, § 2; 1993, CV483, § 2, eff from and after July 1, 1993.

97-15-13 Hunting or shooting on or across streets and highways; shooting, etc., at traffic control devices.
(1) (a) The provisions of this subsection shall only be applicable during the calendar days included in the open seasons on deer and turkey.
(b) It shall be prima facie evidence that a person is hunting if such person is in the possession of a firearm that is not unloaded on any street, public road, public highway, levee, or any railroad which is maintained by any railroad corporation, city, county, levee board, state or federal entity or the right-of-way of any such street, road, highway, levee or railroad, in an area in which wild game is or may be present, regardless of whether or not such firearm is within or without the confines of a motorized vehicle.
(c) The provisions of this subsection shall not apply to any person engaged in a lawful action to protect his property or livestock.
(2) For purposes of this section, the following terms shall have the meanings ascribed to them herein:
(a) "Right-of-way" means that part of a street, public road, public highway, levee or railroad maintained by a city, county, levee board, state or federal entity or railroad corporation and including that portion up to the adjacent property line or fence line.
(b) "Motorized vehicle" means any vehicle powered by any type of motor, including automobiles, farm vehicles, trucks, construction vehicles and all-terrain vehicles.
(c) "Firearm" means any firearm other than a handgun.
(d) "Hunt" or "hunting" means to hunt or chase or to shoot at or kill or to pursue with the intent to take, kill or wound any wild animal or wild bird with a firearm as defined in this subsection.
(e) "Unloaded" means that a cartridge or shell is not positioned in the barrel or magazine of the firearm or in a clip, magazine or retainer attached to the firearm and all ammunition is located in an enclosed compartment, container, box or garment; or in the case of a caplock muzzle-loading firearm, "unloaded" means that the cap has been removed; or in the case of a flintlock muzzle-loading firearm, "unloaded" means that all powder has been removed from the flashpan.
(3) If any person hunts or discharges any firearm in, on or across any street, public road, public highway, levee, railroad or the right-of-way thereof, such person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than sixty (60) days nor more than six (6) months, or by both such fine and imprisonment. This subsection shall not apply to any law enforcement officer while in the performance of his official duty or to any person engaged in a lawful action of self-defense.
(4) If any person shall willfully shoot any firearms or hurl any missile at any street, highway or railroad traffic light; street, highway or railroad marker or other sign for the regulation or designation of street, highway or railroad travel such person, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned not longer than thirty (30) days in the county jail, or both.
(5) It shall be the duty of all sheriffs, deputy sheriffs, constables, conservation officers and peace officers of this state to enforce the provisions of this section.
(6) If any subsection, paragraph, sentence, clause, phrase or any part of this section is hereafter declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining subsections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.
Sources: Codes, 1857, ch. 64, art. 365; 1871, § 2870; 1880, § 2941; 1892, § 1148; 1906, § 1226; Hemingway's 1917, § 956; 1930, § 983; 1942, § 2213; Laws, 1964, ch. 349; Laws, 1971, ch. 443, § 1; Laws, 1974, ch. 569, § 23; Laws, 1982, ch. 454; Laws, 1985, ch. 452, § 17; Laws, 1990, ch. 528, § 1; Laws, 2008, ch. 386, § 1, eff from and after July 1, 2008.

97-17-33 Burglary; breaking and entering building other than dwelling; railroad car; vessels; automobiles.
(1) Every person who shall be convicted of breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein, water vessel, commercial or pleasure craft, ship, steamboat, flatboat, railroad car, automobile, truck or trailer in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transportation, with intent to steal therein, or to commit any felony, or who shall be convicted of breaking and entering in the day or night time, any building within the curtilage of a dwelling house, not joined to, immediately connected with or forming a part thereof, shall be guilty of burglary, and imprisoned in the penitentiary not more than seven (7) years.
(2) Any person who shall be convicted of breaking and entering a church, synagogue, temple or other established place of worship with intent to commit some crime therein shall be punished by imprisonment in the penitentiary not more than fourteen (14) years.
SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(17); 1857, ch. 64, art. 50; 1871, § 2527; 1880, § 2743; 1892, § 996; Laws, 1906, § 1073; Hemingway's 1917, § 801; Laws, 1930, § 817; Laws, 1942, § 2043; Laws, 1940, ch. 243; Laws, 1960, ch. 241; Laws, 1989, ch. 347, § 1; Laws, 1997, ch. 473, § 4, eff from and after passage (approved March 27, 1997).

97-17-71. Receiving stolen property; definitions; scrap metal dealers and other purchasers to keep records of purchases of metal property; content of records; metal property to be held separate and identifiable from other purchases for not less than three (3) business days from date of purchase; inspection by law enforcement personnel; hold notice; recovery of metal property by rightful owner; restitution to dealer by unlawful seller; false statement of ownership; cash transactions for purchase of scrap metal prohibited; failure to maintain appropriate records; interstate transportation of metal property; purchase and possession of metal beer kegs and/or metal syrup tanks generally used by soft drink industry prohibited except in limited circumstances; sales and purchases of bronze memorials prohibited except in limited circumstances; purchases of metal property from minors prohibited; limitation on hours of purchase; penalties.
(1) For the purposes of this section, the following terms shall have the meanings ascribed in this section:
(a) "Railroad track materials" means any rail, switch component, spike, angle bar, tie plate or bolt of the type used in constructing railroads.
(b) "Copper materials" means any copper wire, bars, rods or tubing, including copper wire or cable or coaxial cable of the type used by public utilities, common carriers or communication services providers, whether wireless or wire line, copper air conditioner evaporator coil or condenser, aluminum copper radiators not attached to a motor vehicle, or any combination of these.
(c) "Aluminum materials" means any aluminum cable, bars, rods or tubing of the type used to construct utility, communication or broadcasting towers, aluminum utility wire and aluminum irrigation pipes or tubing. "Aluminum materials" does not include aluminum cans that have served their original economic purpose.
(d) "Law enforcement officer" means any person appointed or employed full time by the state or any political subdivision thereof, or by the state military department as provided in Section 33-1-33, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal traffic laws of this state or the ordinances of any political subdivision thereof.
(e) "Metal property" means materials as defined in this section as railroad track materials, copper materials and aluminum materials and electrical, communications or utility brass, stainless steel sinks, catalytic converters not attached to a motor vehicle and metal beer kegs. Metal property does not include ferrous materials not listed in this section.
(f) "Person" means an individual, partnership, corporation, joint venture, trust, limited liability company, association or any other legal or commercial entity.
(g) "Personal identification card" means any government issued photographic identification card.
(h) "Photograph" or "photographically" means a still photographic image, including images captured in digital format, that are of such quality that the persons and objects depicted are clearly identifiable.
(i) "Purchase transaction" means a transaction in which a person gives consideration in exchange for metal property.
(j) "Purchaser" means a person who gives consideration in exchange for metal property.
(k) "Record" or "records" means a paper, electronic or other method of storing information.
(l) "Scrap metal dealer" means any person who is engaged, from a fixed location or otherwise, in the business of paying compensation for metal property that has served its original economic purpose, whether or not the person is engaged in the business of performing the manufacturing process by which metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value.
(2) Every scrap metal dealer or other purchaser shall keep an accurate and legible record in which he shall enter the following information for each purchase transaction:
(a) The name, address and age of the person from whom the metal property is purchased as obtained from the seller's personal identification card;
b) The date and place of each acquisition of the metal property;
(c) The weight, quantity or volume and a general physical description of the type of metal property, such as wire, tubing, extrusions or casting, purchased in a purchase transaction;
(d) The amount of consideration given in a purchase transaction for the metal property;
(e) The vehicle license tag number, state of issue and the make and type of the vehicle used to deliver the metal property to the purchaser;
(f) If a person other than the seller delivers the metal property to the purchaser, the name, address and age of the person who delivers the metal property;
(g) A signed statement from the person receiving consideration in the purchase transaction stating that he is the rightful owner of the metal property or is entitled to sell the metal property being sold;
(h) (i) A scanned copy or a photocopy of the personal identification card of the person receiving consideration in the purchase transaction; or
(ii) If a person other than the seller delivers the metal property to the purchaser, a scanned copy or a photocopy of the personal identification card of the person delivering the metal property to the purchaser; and
(i) A photograph, videotape or similar likeness of the person receiving consideration or any person other than the seller who delivers the metal property to the purchaser in which the person's facial features are clearly visible and in which the metal property the person is selling or delivering is clearly visible.
Such records shall be maintained by the scrap metal dealer or purchaser for not less than two (2) years from the date of the purchase transaction, and such records shall be made available to any law enforcement officer during usual and customary business hours.
(3) The purchaser of metal property must hold the metal property separate and identifiable from other purchases for not less than three (3) business days from the date of purchase. The purchaser shall also photographically capture the metal property in the same form, without change, in which the metal property was acquired, and maintain the photograph for a period of not less than two (2) years. The time and date shall be digitally recorded on the photograph, and the identity of the person taking the photograph shall be recorded. The purchaser shall permit any law enforcement officer to make an inspection of the metal property during the holding period, and of all photographs of the metal property. Any photograph of metal property taken and maintained pursuant to this subsection shall be admissible in any civil or criminal proceeding.
(4) During the usual and customary business hours of a scrap metal dealer or other purchaser, a law enforcement officer, after proper identification as a law enforcement officer, shall have the right to inspect all purchased metal property in the possession of the scrap metal dealer or purchaser.
(5) (a) Whenever a law enforcement officer has reasonable cause to believe that any item of metal property in the possession of a scrap metal dealer or other purchaser has been stolen, a law enforcement officer who has an affidavit from the alleged rightful owner of the property identifying the property with specificity, including any identifying markings, may issue and deliver a written hold notice to the scrap metal dealer or other purchaser. The hold notice shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the hold notice. Upon receipt of the notice, the scrap metal dealer or other purchaser may not process or remove the metal property identified in the notice from the place of business of the scrap metal dealer or purchaser for fifteen (15) calendar days after receipt of the notice, unless sooner released by a law enforcement officer.
(b) No later than the expiration of the fifteen-day period, a law enforcement officer, after receiving additional substantive evidence beyond the initial affidavit, may issue and deliver a second written hold notice, which shall be an extended hold notice. The extended hold notice shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the extended hold notice. Upon receipt of the extended hold notice, the scrap metal dealer or purchaser may not process or remove the items of metal property identified in the notice from the place of business of the scrap metal dealer or purchaser for fifteen (15) calendar days after receipt of the extended hold notice, unless sooner released by a law enforcement officer.
c) At the expiration of the hold period or, if extended in accordance with this subsection, at the expiration of the extended hold period, the hold is automatically released, then the scrap metal dealer or purchaser may dispose of the metal property unless other disposition has been ordered by a court of competent jurisdiction.
(d) If the scrap metal dealer or other purchaser contests the identification or ownership of the metal property, the party other than the scrap metal dealer or other purchaser claiming ownership of any metal property in the possession of a scrap metal dealer or other purchaser, provided that a timely report of the theft of the metal property was made to the proper authorities, may bring a civil action in the circuit court of the county in which the scrap metal dealer or purchaser is located. The petition for the action shall include the means of identification of the metal property utilized by the petitioner to determine ownership of the metal property in the possession of the scrap metal dealer or other purchaser.
(e) When a lawful owner recovers stolen metal property from a scrap metal dealer or other purchaser who has complied with this section, and the person who sold the metal property to the scrap metal dealer or other purchaser is convicted of a violation of this section, or theft by receiving stolen property under Section 97-17-70, the court shall order the convicted person to make full restitution to the scrap metal dealer or other purchaser, including, without limitation, attorney fees, court costs and other expenses.
(6) This section shall not apply to purchases of metal property from any of the following:
(a) A law enforcement officer acting in an official capacity;
(b) A trustee in bankruptcy, executor, administrator or receiver who has presented proof of such status to the scrap metal dealer;
(c) Any public official acting under a court order who has presented proof of such status to the scrap metal dealer;
(d) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the scrap metal dealer; or
(e) A manufacturing, industrial or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.
(7) It shall be unlawful for any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a scrap metal dealer or other purchaser in return for metal property.
(8) A scrap metal dealer or other purchaser shall not enter into any cash transactions in payment for the purchase of metal property. Payment shall be made by check issued to the seller of the metal, made payable to the name and address of the seller and mailed to the recorded address of the seller, or by electronic funds transfer. Payment shall not be made for a period of three (3) days after the purchase transaction.
(9) If a person acquiring metal property fails to maintain the records or to hold such materials for the period of time prescribed by this section, such failure shall be prima facie evidence that the person receiving the metal property received it knowing it to be stolen in violation of Section 97-17-70.
(10) It shall be unlawful for any person to transport or cause to be transported for himself or another from any point within this state to any point outside this state any metal property, unless the person or entity first reports to the sheriff of the county from which he departs this state transporting such materials the same information that a purchaser in this state would be required to obtain and keep in a record as set forth in subsection (2) of this section. In such a case the sheriff receiving the report shall keep the information in records maintained in his office as a public record available for inspection by any person at all reasonable times. This section shall not apply to a public utility, as that term is defined in Section 77-3-3, engaged in carrying on utility operations; to a railroad, as that term is defined in Section 77-9-5; to a communication service provider, whether wireless or wire line; to a scrap metal dealer; or to a person identified in subsection (6) as being exempt from the provisions of this section.
(11) It shall be unlawful for a scrap metal dealer or other purchaser to knowingly purchase or possess a metal beer keg, or a metal syrup tank generally used by the soft drink industry, whether damaged or undamaged, or any reasonably recognizable part thereof, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal. However, it shall not be unlawful to purchase or possess a metal syrup tank generally used by the soft drink industry if the scrap metal dealer or other purchaser obtains a bill of sale at the time of purchase from a seller if the seller is a manufacturer of such tanks, a soft drink company or a soft drink distributor.
(12) It shall be unlawful to sell to a scrap metal dealer any bronze vase and/or marker, memorial, statue, plaque, or other bronze object used at a cemetery or other location where deceased persons are interred or memorialized, or for any such dealer to purchase those objects, unless the source of the bronze is known and notice is provided to the municipal or county law enforcement agency where the dealer is located. The notice shall identify all names, letters, dates and symbols on the bronze and a photograph of the bronze shall be attached thereto. Written permission from the cemetery and the appropriate law enforcement agency must be received before any type of bronze described in this subsection may be purchased, processed, sold or melted.
(13) It shall be unlawful for a scrap metal dealer or other purchaser to purchase metal property from a person younger than eighteen (18) years of age.
(14) Metal property may not be purchased, acquired or collected between the hours of 9:00 p.m. and 6:00 a.m
(15) Except as provided in this subsection, any person willfully or knowingly violating the provisions of this section shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) per offense, unless the purchase transaction or transactions related to the violation, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft of or removal of the metal property, are in aggregate an amount which exceeds Five Hundred Dollars ($500.00), in which case the person shall be guilty of a felony and shall be imprisoned in the custody of the Department of Corrections for a term not to exceed ten (10) years, fined not more than Ten Thousand Dollars ($10,000.00), or both. Any person found guilty of stealing metal property or receiving metal property, knowing it to be stolen in violation of Section 97-17-70, shall be ordered to make full restitution to the victim, including, without limitation, restitution for property damage that resulted from the theft of the property.
(16) This section shall not be construed to repeal other criminal laws. Whenever conduct proscribed by any provision of this section is also proscribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(17) This section shall apply to all businesses regulated under this section without regard to the location within the State of Mississippi.
(18) This section shall not be construed to prohibit municipalities and counties from enacting and implementing ordinances, rules and regulations that impose stricter requirements relating to purchase transactions.
Sources: Codes, 1942, § 2249.5; Laws, 1966, ch. 390, §§ 1-3, 1971, ch. 474, §§ 1-5; Laws, 1989, ch. 578, § 1; Laws, 1993, ch. 359, § 2; Laws, 2008, 1st Ex Sess, ch. 29, § 1, eff 60 days after passage (approved June 9, 2008.)

97-25-5 Railroads, destroying crossing sign, gate or warning strings.
If any person shall willfully obliterate, injure or destroy any railroad-gate, warning-signals, cattle-gap or any board or sign erected or maintained by a railroad company in pursuance of law, he shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not exceeding three (3) months, or both. In addition, any person who is convicted for a violation of this section shall be ordered by the court to make restitution to the owners or operators of the railroad line or property in an amount determined by the court to compensate for all damages caused by such person and all costs related to cleanup necessitated as a result of such person's unlawful conduct.
Sources: Codes, 1857, ch. 35, art. 39; 1871, § 2425; 1880, § 1051; 1892, § 1268; 1906, § 1343; Hemingway's 1917, § 1077; 1930, § 1107; 1942, § 2343; Laws, 1981, ch. 541, § 4; Laws, 2007, ch. 572, § 4, eff from and after July 1, 2007.

97-25-7 Railroads; driving vehicle or livestock on track.
Any person who shall ride, drive any vehicle, drive any cattle, horses, mules or other livestock along or on any railroad track open and operated for traffic, unless by permission of the owners of said track, or their agent, shall be guilty of a misdemeanor and be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250.00). The penalty hereof shall not be incurred by operating a street railroad or by crossing a track.
SOURCES: Codes, 1892, § 1267; 1906, § 1342; Hemingway's 1917, § 1076; 1930, § 1106; 1942, 2342; Laws, 1981, ch. 541, § 5, eff from and after July 1, 1981.

97-25-11. Railroads; stealing tickets.
If any person shall steal any passenger railroad ticket or tickers belonging to or issued by any railroad company, the amount of money which in the usual course of business it would have required to have purchased it or them from such railroad company, shall be deemed the value of the stolen ticket or tickets.
SOURCES: Codes, 1892, § 1177; 1906, § 1255; Hemingway's 1917, § 985; 1930, § 1013; 1942, § 2245.

97-25-13 Railroads: intoxication of engineer or conductor.
If any person, while on duty in charge of a locomotive engine running or standing upon any railroad, or if any conductor in charge of a car or train any railroad, shall be intoxicated, he shall, on conviction, be imprisoned the penitentiary not less than one year nor more than fifteen years. SOURCES: Codes, 1880, § 1063; 1892, § 1275; 1906, § 1350; Hemingway's 1917, § 1084; 19, § 1114; 1942, § 2350.

97-25-15 Railroads; jumping on or off cars in motion.
If any persons, other than passengers or employees engaged in operating the railroad, shall wilfully climb, jump or step upon, or in any way attach himself to, or shall jump off a locomotive, tender or car while in motion on a railroad track or siding, he shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or be imprisoned in county jail not less than five (5) days nor more than twenty-five (25) days, or both.
SOURCES: Codes, 1892, § 1272; 1906, § 1347-, Hemingway's 1917, § 1081; 1930, § I'll; 1944 § 2347; Laws, 1981, ch. 541, § 6, eff from and after July 1, 1981.

97-21-21 Railroads; obstructing or injuring.
If any person shall wantonly or negligently obstruct or injure any railroad, on conviction, he shall be fined not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000.00), or imprisoned not longer than (12) months in the county jail, or both.
SOURCES: Codes, 1857, ch. 64, art. 163; 1871, § 2626; 1880, § 2873; 1892, § 1265; 1906, § 1340; Hemingway's 1917, § 1074; 1930, § 1104; 1942, § 2340; Laws, 1981, ch. 541, § 7, eff from after July 1, 1981.

97-25-23. Railroads; obstructing or injuring; derailing cars.
If any person shall wantonly or maliciously injure, or place any impediment or obstruction on any railroad, or do any other act by means of which any car or vehicle might be caused to diverge, or be derailed, or thrown from the track, such person, on conviction, shall be committed to the custody of the department of corrections for a term of not less than one (1) year nor more ten (10) years, and the penalty provided in this section shall apply to any engineer, conductor, switchman, brakeman, train dispatcher or telegraph operator who shall willfully or negligently cause the derailment or collision of a passenger train.
SOURCES: Codes, 1857, ch. 64, art. 164; 1871, § 2627; 1880, § 2874; 1892, § 1266; 1906, § 1341 Hemingway's 1917, § 1075; 1930, § 1105; 1942, § 2341;.Laws, 1981, ch. 541, § 8, eff and after July 1, 1981.

97-25-25. Railroads; seizing and running locomotive.
If any person shall unlawfully seize upon any locomotive and run it away, or shall aid, abet or procure the doing of the same, he shall, upon conviction be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or imprisoned in the county jail not exceeding six (6) months, or both.
SOURCES: Codes, 1892, § 1273; 1906, § 1348; Hemingway's 1917, § 1082; 193o, § 1112; 1 § 2348; Laws, 1981, ch. 541, § 9, eff from and after July 1, 1981.

97-25-27. Railroads; signaling or unlawfully interfering train.
If any person, without authority and in the absence of apparent danger warranting such act, shall, out of a spirit of mischief, or with any purpose other than to prevent or give information of an accident, make, or cause be made, any sign or signal to persons in charge of any locomotive, or railroad train or cars, or to any of such persons, or in sight of any of them, with intent to cause the stopping or starting of such locomotive, train, or cars; or if I person unlawfully interfere with the management or running of such locomotive, train, or cars on any railroad, the person so offending shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or shall be imprisoned in the county jail not exceeding three (3) months.
SOURCES: Codes, 1892, § 1280; 1906, § 1355; Hemingway's 1917, § 1089; 1930, § It § 2355; Laws, 1981, ch. 641, § 10, eff from and after July 1, 1981.

97-25-29. Railroads; stealing a ride.
If any person who shall ride on any engine, tender, car or train of any railroad company, without authority or permission of the proper officers or employees of the company, or of the persons in charge of such engine, tender, car or train, shall, on conviction, be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) or be imprisoned not more than (30) days, or both.
SOURCES: Codes, 1892, § 1269; 1906, § 1344; Hemingway's 1917, § 1078; 1930, § 1108; 1942, 2M; Laws, 1981, ch. 541, § 11, eff from and after July 1, 1981.

97-25-35. Railroads; stealing or interfering with communications signaling equipment.
If any person shall maliciously remove, take, steal, change or in any manner interfere with any railroad transmission line, signaling device, microwave tower or any of the parts or attachments belonging to any communication or signaling device owned, leased or used by any railroad or transportation company, he shall, on conviction, be fined not more than Three Thousand Dollars ($3,000.00), or shall be imprisoned not more than five (5) years, or both. In addition, any person who is convicted for a violation of this section shall be ordered by the court to make restitution to the owners or operators of the railroad line or property in an amount determined by the court to compensate for all damages caused by such person and all costs related to cleanup necessitated as a result of such person's unlawful conduct.
Sources: Codes, 1942, § 2355.5; Laws, 1968, ch. 342, § 1; Laws, 1981, ch. 541, § 12; Laws, 2007, ch. 572, § 5, eff from and after July 1, 2007.

97-25-39. Railroads; uncoupling locomotives and cars by person not employed by railroad.
If any person, not being employed on any railroad, shall willfully and maliciously uncouple or detach the locomotive or tender or any of the cars of any railroad train, or shall in any way aid, abet or procure the doing of the same, such person shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00), or imprisonment in the county jail not exceeding six (6) months, or both.
SOURCES: Codes 1892, § 1271; 1906, § 1346; Hemingway's 1917, § 1080; 1930, § 1110; 1942 § 2346; Laws, 1981, ch. 541, § 13, eff from and after July 1, 1981.

97-25-41. Railroads; willfully shooting from or on moving train
If any person shall willfully shoot any firearms on or from any moving train, such person shall, on conviction, be fined not less than two hundred dollars ($250.00) nor more than one thousand dollars ($1,000.00), or be imprisoned in the county jail not more than six (6) months, or both.
SOURCES: Codes, 1906, § 1357; Hemingway's 1917, § 1091; 1930, § 1121; 1942, § 2357; 110 1981, ch. 541, § 14, eff from and after July 1, 1981.

97-25-43. Railroads, public utilities, and carriers; conspiracy impede.
If two (2) or more persons shall willfully or maliciously combine or conspire together to obstruct or impede or hinder by any unlawful act or threat of violence, terror or intimidation the regular operation and conduct of the business of any railroad company, or any public service corporation, or any public utility, or any person or corporation carrying passengers or property for hire, such persons, and each of them, shall, on conviction, be punished by a fine of not less than one thousand dollars ($1,000.00) and not exceeding three thousand dollars ($3,000.00), or imprisonment in the county jail for not less than ninety (90) days nor more than one (1) year, or by both such fine and imprisonment.
This section shall not apply to persons who merely quit the employment of a railroad company, whether by concert of action or otherwise.
SOURCES: Codes, 1892, § 1270; 1906, § 1345; Hemingway's 1917, § 1079; 1930, § 1109; 1942, §§ 2345, 2345-01; Laws, 1947, 2nd Ex. ch. 5, § 1; 1981, ch. 541, § 15, eff from and after July 1, 1981.

97-25-45. Railroads, public utilities, and carriers; obstructing or impeding by intimidation, force or violence.
If any person shall unlawfully obstruct or impede by any act of force or violence, or by any means of intimidation, the regular operation and conduct of the business of any railroad company or any public service corporation, or person carrying passengers or property, or any public utility, or shall impede, hinder, or obstruct, by force or violence, the regular running of any locomotive-engine, freight or passenger train of any railroad, or any vehicle used in the transportation of persons or property on the public highways, or the operation of any public utility, such person shall be guilty of a felony and, upon conviction, shall be committed to the custody of the department of corrections for a term of not less than one (1) year nor exceeding five (5) years.
SOURCES: Codes, 1942, § 2345-02; Laws, 1947,2nd Ex. ch. 5, § 2; 1981, ch. 541, § 16, eff from and after July 1, 1981.

97-25-47 Railroad trains, buses, trucks, motor vehicles, depots, stations, and other transportation facilities; willfully shooting or throwing at
If any person or persons shall willfully shoot any firearm or hurl any missile at, or into, any train, bus, truck, motor vehicle, depot, station, or any other transportation facility, such person shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00), or be committed to the custody of the department of corrections not less than one (1) year nor more than five (5) years, or both such fine and imprisonment.
SOURCES: Codes, 1906, § 1356, Hemingway's 1917, § 1090; 1930, § 1120; 1942, § 2356; Laws, 1947, 2nd Ex. Ch. 4; 1981, ch. 541, § 17, eff from and after July 1, 1981.

FEDERAL LAWS

49 CFR 392.10 -- Driving of Commercial Motor Vehicles - Railroad grade crossings; stopping required.
(a) Except as provided in paragraph (b) of this section, the driver of a commercial motor vehicle specified in paragraphs (a)(1) through (6) of this section shall not cross a railroad track or tracks at grade unless he/she first: Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks; thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. The driver must not shift gears while crossing the tracks.
(1) Every bus transporting passengers,
(2) Every commercial motor vehicle transporting any quantity of a Division 2.3 chlorine.
(3) Every commercial motor vehicle which, in accordance with the regulations of the Department of Transportation, is required to be marked or placarded with one of the following classifications:
(i) Division 1.1
(ii) Division 1.2, or Division 1.3
(iii) Division 2.3 Poison gas
(iv) Division 4.3
(v) Class 7
(vi) Class 3 Flammable
(vii) Division 5.1
(viii) Division 2.2
(ix) Division 2.3 Chlorine
(x) Division 6.1 Poison
(xi) Division 2.2 Oxygen
(xii) Division 2.1
(4) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous material as defined in the Hazardous Materials Regulations of the Department of Transportation, Parts 107 through 180 of this title.
(5) Every cargo tank motor vehicle transporting a commodity which at the time of loading has a temperature above its flashpoint as determined by Sec. 173.120 of this title.
(6) Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity under exemption in accordance with the
provisions of subpart B of part 107 of this title.

(b) A stop need not be made at:
(1) A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes, within a business district, as defined in
Sec. 390.5 of this chapter.
(2) A railroad grade crossing when a police officer or crossing flagman directs traffic to proceed,
(3) A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication which, under local law,
permits the commercial motor vehicle to proceed across the railroad tracks without slowing or stopping.
(4) An abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned,
(5) An industrial or spur line railroad grade crossing marked with a sign reading ``Exempt.'' Such ``Exempt'' signs shall be erected only by or with the consent of the appropriate State or local authority.

49 CFR 392.11 Railroad grade crossings; slowing down required.
Every commercial motor vehicle other than those listed in Sec. 392.10 shall, upon approaching a railroad grade crossing, be driven
at a rate of speed which will permit said commercial motor vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear.

49 CFR 398.4 Driving of motor vehicles.
(a) Compliance required. Every motor carrier shall comply with the requirements of this part, shall instruct its officers, agents,
representatives and drivers with respect thereto, and shall take such measures as are necessary to insure compliance therewith by such persons. All officers, agents, representatives, drivers, and employees of motor carriers directly concerned with the management, maintenance, operation, or driving of motor vehicles, shall comply with and be conversant with the requirements of this part.
(b) Driving rules to be obeyed. Every motor vehicle shall be driven in accordance with the laws, ordinances, and regulations of the
jurisdiction in which it is being operated, unless such laws, ordinances and regulations are at variance with specific regulations of this
Administration which impose a greater affirmative obligation or restraint.
...
(q) Railroad grade crossings; stopping required; sign on rear of vehicle. Every motor vehicle shall, upon approaching any railroad grade crossing, make a full stop not more than 50 feet, nor less than 15 feet from the nearest rail of such railroad grade crossing, and shall not proceed until due caution has been taken to ascertain that the course is clear; except that a full stop need not be made at:
(1) A street car crossing within a business or residence district of a municipality;
(2) A railroad grade crossing where a police officer or a traffic control signal (not a railroad flashing signal) directs traffic to proceed;
(3) An abandoned or exempted grade crossing which is clearly marked as such by or with the consent of the proper state authority, when such marking can be read from the driver's position.
All such motor vehicles shall display a sign on the rear reading, ``This Vehicle Stops at Railroad Crossings.''

GRADE CROSSING SIGNS AND SIGNALS

There seems to be some confusion in the motoring public as to what is required when a driver approaches a railroad crossing.

The railroad crossbuck is the same as a yield sign. A motorist must approach the crossing in a manner so that if a train is approaching the grade crossing within a distance that could be hazardous to the motorist, he must stop his vehicle safely before entering the crossing.

A railroad grade crossing signal with flashing lights only (no gates) is the same as a stop sign. If the lights are flashing, the motorist must come to a complete stop prior to crossing the railroad. If an approaching train is a safe distance away, the motorist may proceed across the tracks. Otherwise he must remain stopped until it is safe to proceed.

A railroad grade crossing with crossing gates in the lowered position is the same as a red traffic light. The motorist must stop and remain stopped until the gates are raised.