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HomeMy WebLinkAbout6181ORDINANCE 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: JUN 16 2008 PASSED: JUN 16 2008 PROVED: JUN 16 2008 PETER B. LEWIS, MAYOR Ordinance No. 6181 May 27, 2008 Page 5 of 6 ATTEST: Danielle E. Daskam, City Clerk APPROVED A TO FORM: 1 Rj I D e . ei i t ney Published: ''- - ' R - " Ordinance No. 6181 May 27, 2008 Page 6 of 6 REGULATION OF CONDUCT ON TRANSIT PROPERTY 28.96.010 1. GENERAL 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. In tunnel facilities, 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 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 mezzanine and exterior plaza levels of tunnel stations and 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; 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 tunnel roadway or 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; 28-125 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. 28.96.010 (King County 9-2006) METROPOLITAN FUNCTIONS 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 or mezzanine areas of the tunnel; 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); 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. However, possessing and drinking an alcoholic beverage is not prohibited in the tunnel facilities 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; 10. Entering nonpublic areas, including but not limited to tunnel staging areas and 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; 28-126 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 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. (Ord. 13544 § 1, 1999: Ord. 11950 § 14, 1995). (King County 9-2006) REGULATION OF CONDUCT ON TRANSIT PROPERTY 28.96.020 - 28.96.040 II. PUBLIC COMMUNICATION ACTIVITIES 28.96.020 General. A. Purpose. In furtherance of its proprietary function as provider of public transportation, the county makes a variety of transit properties available to persons who use public transit services. Although transit properties may be accessed by the general public, they are not open public forums either by nature or by designation. Transit properties are intended to be used for public transit-related activities and provide little, if any, space for other activities. Most public communication activities are generally prohibited in or on transit properties, regardless of viewpoint expressed, because they are incompatible with the county's legitimate interests, including but not limited to: 1. Securing the use of scarce parking spaces and shelter space for persons who are using public transit services; 2. Maintaining safe, clean and secure transit properties to retain existing, and attract new users of public transit services; 3. Reducing litter pick-up and other maintenance or other administrative expenses so as to maximize the provision of public transit services; 4. Preventing delays and inconvenience to passengers by minimizing congestion, and expediting their boarding, transferring, and deboarding of transit vehicles; and 5. Securing scarce space at the tunnel and other passenger facilities for potential commercial activities intended to produce revenues for the system and attract riders with convenience services and goods. It is the purpose of this chapter to describe the varying degrees to which passengers and the public are allowed to engage in public communication activities on the three categories of transit property identified in Sections 28.96.030, 28.96.040 and 28.96.050. This chapter does not apply to county activities or to county employees engaged in authorized activities in the course of their employment. B. Obligations of communicator. In addition to any civil infraction or criminal sanctions which may be applicable under this chapter or applicable federal, state and local law, any person engaged in public communication activities and found responsible for littler, damages or destruction of property, whether by accident or intent, shall be responsible for cleaning-up and/or shall be liable for the cost of clean-up, repair and replacement as necessary. C. Non-county uses. Notwithstanding the limitations and prohibitions contained in this chapter, the county reserves the right to enter into licenses, leases or other use agreements permitting non-county uses of transit properties which are found to be compatible with the county's proprietary public transit 28-127