HomeMy WebLinkAbout3839 (14)Ordinance No. 3877
(Amending or Repealing Ordinances)
CFN=122 - Police/Fire Departments
Passed - 4/1/2008
Prohibited Conduct on Transit Property and Vehicles
Adds new Sec. 9.02.192
Repeals Ords. 3621;3692 (Sec. 9.02.060)
Amended by Ord. 3888 (Sec. 9.02.060)
Amended by Ord. 3954 (Sec. 9.02.060
ORDINANCE NO. 36 77
AN ORDINANCE of the City Council of the
City of Kent, Washington relating to prohibited
conduct on public transit vehicles and property.
RECITALS
A. Members of the public deserve to be able to use transit
vehicles and facilities without being disrupted by excessive noise, litter,
dangerous conditions, or conduct that delays or impairs the transit
provider's ability to maintain scheduled service.
B. Addressing and preventing problems for transit passengers
will make use of public transportation more attractive. The City of Kent
seeks to encourage increased use of public transportation because of the
many problems directly linked to forced reliance on the automobile,
including congested roadways, which wastes time and fuel; higher
maintenance costs for public roads due to increasing traffic volumes, which
means a heavier tax burden on our citizens; and pollution and ecological
damage, which means a lower quality of life for today's residents and their
children.
C. Transit vehicles cross jurisdictional boundaries. Adopting the
substance of King County's Transit Code of Conduct helps ensure
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Transit Property and Vehicles
consistency in the transit provider's ability to enforce common-sense
regulations designed to ensure the safety and comfort of passengers and
transit operators. Moreover, adopting the proposed ordinance removes
confusion for City of Kent law enforcement officers regarding their ability
to take action when problems occur on transit vehicles or transit facilities
within the city of Kent.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Repealer. Section 9.02.060 of the Kent City Code,
entitled "RCW Title 9, entitled Crimes and Punishments' - Adoption by
reference," is amended to repeal the City of Kent's adoption of RCW
9.91.025 as follows:
Sec. 9.02.060. RCW Title 9, entitled "Crimes and
Punishments" - Adoption by reference. The following RCW sections,
as currently enacted or as hereafter amended or recodified from time to
time, are hereby adopted by reference and shall be given the same force
and effect as if set forth herein in full:
SECTION 2. - Amendment. Chapter 9.02 of the Kent City Code is
amended to add a new section 9.02.192, entitled "Prohibited Conduct on
Transit Property and Transit Vehicles," as follows:
Sec. 9.02.192. Prohibited Conduct on Transit Property and
Transit Vehicles
2 Prohibited Conduct on
Transit Property and Vehicles
A. Definitions. As used in this section, the following definitions shall
apply:
1. Public transportation services means providing, at scheduled
times and places, transit vehicles to carry members of the public from one
location to another upon public highways or other roads, or upon any
railway used for light rail or interurban passenger service provided by a
regional transit authority authorized by ch. 81.112 RCW, as currently
enacted or hereafter amended; provided, this definition shall not include
activities related to the transporting of members of the public by other
public or private railroad entities, such as Amtrak.
2. Transit center means any location within the City of Kent,
such as bus stations and train or light rail stations, that serves as a hub or
transfer point for transit vehicles, enabling passengers to connect with
different transit routes.
3. Transit property shall mean all facilities, structures, lands,
interest in lands, air rights over lands, and rights-of-way of all kinds that
are owned, leased, held, or used within the city of Kent by a public or
private agency or municipal corporation for purposes of providing or
directly supporting public transportation services, including, but not
limited to, park and ride lots or parking structures for passengers; transit
centers; designated bus, trolley, light rail or train stops and waiting areas;
and transit vehicle maintenance or storage facilities.
4. Transit vehicle means every motor vehicle, bus, trolley,
streetcar, train, light rail train, or other vehicle owned or operated by a
public or private entity that provides public transportation services within
the city of Kent; provided this definition shall not include taxicabs or "for -
hire" vehicles as those vehicles are defined under the Kent City Code.
B. Misdemeanor offenses on transit property and transit vehicles. The
following actions are prohibited in, on, or against all transit properties and
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Transit Property and Vehicles
transit vehicles. A person who commits one of the following acts is guilty
of a misdemeanor:
1. Smoking or carrying a lighted or smoldering pipe, cigar or
cigarette while in a transit vehicle;
2. Discarding litter other than in designated receptacles;
3. Playing a radio, tape recorder, audible game device or any
other sound -producing equipment, except when the equipment is
connected to earphones that limit the sound to the individual listener, with
knowledge that this conduct is prohibited. However, the use of
communication devices in the line of duty by city of Kent employees,
transit agency or county employees, or police, fire, or other public safety
officers is permitted, as is the use of private communication devices used
to summon, notify or communicate with other individuals (such as
"beepers" or portable telephones);
4. Spitting, expectorating, urinating, or defecating, except in
restroom facilities;
5. Carrying flammable liquids, flammable or nonflammable
explosives, acid or any other article or material of a type or in a manner
that is likely to cause harm to others. However, cigarette, cigar or pipe
lighters, firearms, weapons, and ammunition may be carried if in a form or
manner that is not otherwise prohibited by law or ordinance;
6. Intentionally obstructing or impeding the flow of transit
vehicle or passenger movement, intentionally hindering or preventing
access to transit property, intentionally causing unreasonable delays in
boarding or exiting, intentionally reclining or occupying more than one
seat, or in any way intentionally interfering with the provision or use of
transit services;
7. Unreasonably disturbing others by engaging in loud, raucous,
unruly, harmful, abusive or harassing behavior;
8. Drinking an alcoholic beverage or possessing an open
container of an alcoholic beverage by a passenger in a transit vehicle, or
4 Prohibited Conduct on
Transit Property and Vehicles
in public areas of transit properties during hours when those areas are
open to the public; provided, possessing and drinking an alcoholic
beverage is not prohibited on transit property if authorized as part of a
scheduled special event for which all required permits have been obtained
and when said facilities are not in use for transit purposes; provided
further, drinking by passengers is not prohibited with respect to transit
vehicles that have been commercially chartered for group use and that
have obtained any required permits to serve alcohol;
9. Dumping any materials whatsoever on transit property,
including but not limited to chemicals and automotive fluids;
10. Throwing an object at transit property or at any person in
transit property;
11. Failing to present a valid, unexpired pass, transfer or ticket or
otherwise failing to pay the appropriate fare as required;
12. Possessing an un -issued transfer or tendering an un -issued
transfer as proof of fare payment;
13. Falsely representing oneself as eligible for a special or
reduced fare or obtaining any permit or pass related to the transit system
by making a false representation;
14. Falsely claiming to be a transit operator or other transit
employee; or through wards, actions and/or the use of clothes, insignia or
equipment resembling department -issued uniforms and equipment,
intentionally creating a false impression that he or she is a transit operator
or other transit employee;
15. Engaging in gambling or any game of chance for the winning
of money or anything of value; and
16. Discharging a laser -emitting device on a transit vehicle,
directing such a device from a transit vehicle toward any other moving
vehicle or directing such a device toward any transit operator or
passenger.
5 Prohibited Conduct on
Transit Property and Vehicles
C. Infractions. The following actions are prohibited in, on or against all
transit properties and transit vehicles. A person who commits one of the
following acts in, on or in relation to transit property is guilty of a civil
infraction to which chapter 7.80 RCW applies:
1. Allowing any animal to occupy a seat on transit property, to
run at large without a leash, to unreasonably disturb others, or to obstruct
the flow of passenger or bus traffic; but animals may occupy a passenger's
lap while in a transit vehicle or in a transit property; provided, dogs that
have been declared dangerous shall not be allowed on transit vehicles or
transit property;
2. Allowing his or her animal to leave waste on transit property
or in a transit vehicle;
3. Rollerskating, rollerblading or skateboarding;
4. Riding a bicycle, motorcycle, or other vehicle except for the
purpose of entering or leaving passenger facilities on roadways designed
for that use. Bicycles must be walked at all times and may not be
transported on escalators. However, nothing in this section shall be
construed to apply to commissioned peace officers or city employees
engaged in authorized activities in the course of their employment;
5. Eating or drinking on transit vehicles, or in any area of transit
property that has been posted as prohibiting eating or drinking;
6. Bringing onto a transit passenger vehicle any package or
other object which blocks an aisle or stairway or occupies a seat if to do so
would, in the vehicle operator's sole discretion, cause a danger to
passengers or displace passengers or expected passengers;
7. Operating, stopping, standing, or parking a vehicle in any
roadway or location restricted for use only by transit vehicles or otherwise
restricted;
8. Riding transit vehicles for the purpose of sleeping, or using
benches, floors, or other areas in transit facilities for the purpose of
sleeping rather than for their intended transportation -related purposes;
6 Prohibited Conduct on
Transit Property and Vehicles
9. Camping in or on transit property; storing personal property
on benches, floors, or other areas of transit property;
10. Entering upon or crossing a road or rail tracks used by transit
vehicles, except in marked crosswalks or at the direction of transit
employees or public safety personnel;
11. Intentionally extending an object or a portion of one's body
through the door or window of a transit vehicle while it is in motion;
12. Intentionally hanging or swinging on bars or stanchions, with
feet off the floor, inside a transit vehicle or on other transit property;
intentionally hanging onto or otherwise attaching oneself at any time to
the exterior of a transit vehicle or other transit property;
13. Engaging in any sports on transit property without
permission;
14. Parking a vehicle in a designated passenger parking area on
transit property for more than seventy-two consecutive hours;
15. Using transit property for residential parking or unauthorized
commercial parking purposes;
16. Unless authorized, cleaning or performing non -emergency
repairs to a vehicle parked on transit property; and
17. Conducting driver training on transit property.
SECTION 3. - Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
COOKE, MAYOR
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Transit Property and Vehicles
ATTEST:
BRENDA JACOBER, CI LERK
APPROVED AS TO FORM:
TOA BRUBA ER, CITY ATTORNEY
PASSED: I day of April, 2008.
APPROVED: day of April, 2008.
PUBLISHED: S day of April, 2008.
I hereby certify that this is a true copy of Ordinance No. 3977
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
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(SEAL)
BRENDA JACOBER CITY CLERK
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Transit Property and Vehicles