HomeMy WebLinkAboutITEM VIII-A-2CITY OF - 5AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Date:
Ordinance No. 6181 June 5, 2008
Department: Attachments: Budget Impact:
Auburn Police Ordinance No. 6181
Administrative Recommendation:.
City Council introduce and adopt Ordinance No. 6181.
Background Summary:
This ordinance will create a new chapter of the Au burn City Code relating to regulation of conduct on
public transit property.
01.8
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O
? Airport ? Finance ? Cemetery ? Mayor
? Hearing Examiner ? Municipal Serv. ? Finance ? Parks
? Human Services ? Planning & CD ! ? Fire ? Planning
? Park Board ?Public Works ? Legal ? Police
? Planning Comm. ? Other ?Public Works ? Human Resources
? Information Services
Action:
Comm ittee Approval: ?Yes ?No
Council Approval: ?Yes ?No Call for Public Hearing
Referred to Until _/_
Tabled Until _/_!_
Councilmember: Cerino Staff: Kell
Meeting Date: June 16, 2008 Item Number: VIII.A.2
AUBURN *MORE THAN YOU IMAGINED
ORDINANCE NO. 6 1 8 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER 9.100
OF THE AUBURN CITY CODE RELATING TO REGULATION
OF CONDUCT ON PUBLIC TRANSIT PROPERTY
WHEREAS, the City of Auburn is served by several forms of public
transportation; and
WHEREAS, the City of Auburn contains significant public transportation
related property including a large public transit hub facility; and
WHEREAS, the City needs greater ability to regulate individuals on public
transportation property in order to protect the public and public transportation
related property; and
WHEREAS, King County already has sufficient provisions for this type of
regulation adopted for purposes of enforcement by King County; and
WHEREAS, it is also appropriate that the City adopt certain provisions of
the King County Code to provide for City enforcement of such regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of new Chapter to City Code. That a new
CHAPTER 9.100 of the Auburn City Code is hereby adopted imposing
regulations for activity on and related to public transit property, to read as follows:
Chapter 9.100
REGULATION OF CONDUCT ON PUBLIC
TRANSIT PROPERTY
Section:
9.100.500 King County Provisions Adopted by Reference.
Ordinance No. 6181
May 27, 2008
Page 1 of 6
9.100.500 King County Provisions Adopted by Reference.
A. The provisions of Section 28.96.010 of the King County Code as
it currently exists and as it may be hereinafter amended is adopted by
reference, a copy of which shall be on file with the Office of the City Clerk;
provided that any reference to transit property or vehicles shall be
interpreted and understood to be a reference to any public transit property
or vehicles located within the city limits of the City of Auburn at the time
any violation occurs regardless of what public transit entity is the owner of
the property.
B. Violations of the above referenced provisions occurring within
the City of Auburn shall be prosecutable as misdemeanors and infractions
of the City of Auburn through the use of its law enforcement, criminal
justice and court resources.
Section 2. Current Provisions of King County Code. The current
provisions of Section 28.96.010 of the King County Code which are relevant and
applicable in the City of Auburn read as follows:
28.96.010 Civil infractions - misdemeanors.
A. Infractions. The following actions are prohibited in, on or in
relation to, all transit properties. For conduct not amounting to a violation
of another applicable state or local law bearing a greater penalty or
criminal sanction than is provided under this section, 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 facility;
2. Allowing his or her animal to leave waste on transit property;
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. However, nothing in this section shall be construed to apply
to commissioned peace officers or county employees engaged in
authorized activities in the course of their employment;
5. Eating or drinking. However, eating and drinking nonalcoholic
beverages are permitted on the exterior areas of other passenger
facilities. Also, drinking a nonalcoholic beverage from a container
designed to prevent spillage is permitted on transit property;
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 operator's sole discretion, cause a danger to passengers or
displace passengers or expected passengers;
Ordinance No. 6181
May 27, 2008
Page 2 of 6
7. Operating, stopping, standing or parking a vehicle in any
roadway or location restricted for use only by transit vehicles or otherwise
restricted;
8. Engaging in public communication activities or commercial
activities except as authorized under K.C.C. 28.96.020 through 28.96.210.
9. Riding transit vehicles or using benches, floors or other areas in
tunnel and other passenger facilities for the purpose of sleeping rather
than for their intended transportation-related purposes;
10. Camping in or on transit property; storing personal property on
benches, floors or other areas of transit property;
11. Entering or crossing the transit vehicle roadways in and about
other passenger facilities, except in marked crosswalks or at the direction
of county or public safety personnel;
12. Extending an object or a portion of one's body through the door
or window of a transit vehicle while it is in motion;
13. Hanging or swinging on bars or stanchions, with feet off the
floor, inside a transit vehicle or other transit property; hanging onto or
otherwise attaching oneself at any time to the exterior of a transit vehicle
or other transit property;
14. Engaging in any sport or recreational activities on transit
property;
15. Parking a vehicle in an approved parking area on transit
property for more than seventy-two consecutive hours;
16. Using a transit facility for residential or commercial parking
purposes;
17. Performing any nonemergency repairs or cleaning of a vehicle
parked on transit property; and
18. Conducting driver training on transit property.
B. Misdemeanors. The following actions are prohibited in, on or in
relation to all transit properties. For conduct not amounting to a violation of
another applicable state or local criminal law bearing a greater penalty
than is provided under this chapter, a person who commits one of the
following acts in, on or in relation to transit property is guilty of a
misdemeanor.
1. Smoking or carrying a lighted or smoldering pipe, cigar or
cigarette while in a transit vehicle or in the platform;
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. However, the use
of communication devices by county employees, county contractors or
public safety officers in the line of duty 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);
Ordinance No. 6181
May 27, 2008
Page 3 of 6
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, hindering or preventing access to transit property,
causing unreasonable delays in boarding or deboarding, reclining or
occupying more than one seat, or in any way 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. Defacing, destroying or otherwise vandalizing transit property or
any signs, notices or advertisements on transit property;
9. Drinking an alcoholic beverage or possessing an open container
of an alcoholic beverage.
10. Entering nonpublic areas, including but not limited to:
equipment rooms, except when authorized by the director or when
instructed to by county or public safety personnel;
11. Dumping any materials whatsoever on transit property,
including but not limited to chemicals and automotive fluids;
12. Throwing an object at transit property or at any person in transit
property;
13. Failing to present a valid, unexpired pass, transfer or ticket or
otherwise failing to pay the appropriate fare as required under county
ordinance;
14. Possessing an unissued transfer or tendering an unissued
transfer as proof of fare payment;
15. 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;
16. Falsely claiming to be a transit operator or other transit
employee; or through words, actions and/or the use of clothes, insignia or
equipment resembling department-issued uniforms and equipment,
creating a false impression that he or she is a transit operator or other
transit employee;
17. Bringing onto transit property odors which unreasonably disturb
others or interfere with their use of the transit system, whether such odors
arise from one's person, clothes, articles, accompanying animal or any
other source;
18. Engaging in gambling or any game of chance for the winning of
money or anything of value; and
Ordinance No. 6181
May 27, 2008
Page 4 of 6
19. 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.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS, MAYOR
Ordinance No. 6181
May 27, 2008
Page 5 of 6
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED A TO FORM:
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D e ei i t ney
Published:
Ordinance No. 6181
May 27, 2008
Page 6 of 6