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HomeMy WebLinkAbout2010-053 Transit Code of Conduct; Enforcement and Appeal Procedures; Severability; YMC Addition ORDINANCE NO 2010 -53 AN ORDINANCE relating to Transit Services, amending Chapter 7 90 of the Yakima Municipal Code to add sections 7 90 030 Transit Code of Conduct, 7 90 050 Enforcement and Appeal Procedures and 7 90 060 Severability BE OT ORDAINED BY THE CITY OF YAKIMA. Section 1 Chapter 7 90 of the City of Yakima Municipal Code is hereby amended to add a new section 7 90 030 entitled Transit Code of Conduct to read as follows "7 9 030 Transit Code of Conduct. The following conduct is prohibited on Yakima Transit vehicles, within or upon Yakima Transit properties and facilities 1 Eating or drinking while on a transit vehicle 2 Committing any act which tends to create or incite a breach of peace, including but not limited to fighting, racing, using obscene language, and /or engaging in criminal street gang intimidation 3 Extending a portion of ones body or an object through a window of a transit vehicle 4 Extending a portion of ones body or an object through a door while a transit vehicle is in motion 5 Hanging or swinging on bars or stanchion inside a transit vehicle, or on the outside of the transit vehicle or any other Yakima Transit property 6 Sitting or laying on the floor, sidewalk, or asphalt in or on Yakima Transit facilities and properties or sitting or lying on the floor of a Yakima Transit vehicle 7 Emanating or releasing offensive or toxic odors which disturbs others or interferes with their use of the transit system, whether such odors arise from one's person, clothing, articles, accompanying animal, or any other source 8 For purposes of this section, criminal street gang intimidation includes the flashing of gang signs as recognized by a peace officer trained in gang activity " Section 2. Chapter 7 90 of the City of Yakima Municipal Code is hereby amended to add a new section 7 90 050 entitled, "Enforcement and Appeal Procedures," and shall read as follows "7 90.050 Enforcement & Appeal Procedures A. General In addition to any other remedies and sanctions available under applicable civil and criminal federal, state and local law, a person violating the rules and provision of this chapter may be subject to the following 1 Immediate expulsion from transit properties, 2. Suspension of the privilege of entering upon and using the transit system and properties, 3 Civil penalties if the violation constitutes an infraction, and 4 Criminal penalties if the violation constitutes a misdemeanor The Classification of a violation as either an infraction or a misdemeanor in this Chapter shall not limit or preclude any action or prosecution from being undertaken pursuant to another applicable local, state, or federal law B Immediate expulsion Any person who violates a rule or provision of this Chapter or any federal, state, or local law may be ordered to leave transit property by a commissioned page 1 of 3 peace officer, department personnel as authorized by the Transit Manager, or authorized personnel of a contracted service provider in accordance with the terms of the applicable service contract. Failure to immediately comply with such an expulsion order shall be grounds for prosecution for criminal trespass C Suspension of use privileges Violation of a rule or provision of this Chapter or any federal, state, or local law shall be cause for suspension of a person's privileges to enter upon transit property and use the transit system Such a suspension may be ordered by department personnel authorized by the Transit Manager or by the authorized personnel of a contracted service provider in accordance with the terms of the applicable service contract. Notice of such suspension shall be in writing and shall inform the person suspended of the cause, the period of the suspension, and that failure to comply shall be grounds for criminal prosecution. Service of the suspension notice may be accomplished by personal delivery or by mailing a copy, addressed to the person's last known address, by certified and regular United States mail Unless otherwise specified on the notice, the suspension shall take effect immediately upon actual or constructive receipt of the notice by the person being excluded A person may not defeat the effectiveness of a suspension by refusing to accept the notice Receipt of the notice is construed to have been accomplished if the person knew or reasonably should have known from the circumstances that his /her privileges to enter upon transit property and use the transit system have been suspended Receipt of the notice is also construed to have been accomplished five (5) days after a suspension notice is placed in the U S mail Failure to immediately comply with such a suspension order shall be grounds for prosecution for criminal trespass The length of suspension shall be determined by the seriousness of the offense as determined by the Transit Manager Repeated violations that interfere with normal Transit operations or threaten the safety of Transit Employees or the general ridership may lead to a permanent suspension of use privileges D Appeal A person whose use privileges have been suspended may submit a written request for a review of the suspension The request must be postmarked by the United States Postal Service or received by the City Clerk within ten (10) calendar days after the effective date of the suspension Upon receiving a timely request, the Director of Public Works or an appointed Transit Hearings Examiner shall conduct a hearing in which the suspending party may present evidence supporting suspension, including evidence that a violation of this Chapter has occurred and that the proper suspension procedures were followed, and the suspended party may present evidence as to why the suspension should not be served This may be done by phone or in person at a time and location determined by Director of Public Works or an appointed Transit Hearings Examiner Within ten (10) calendar days following the hearing, the Director of Public Works or an appointed Transit Hearings Examiner shall make a decision affirming, modifying or terminating the suspension The Director of Public Works or an appointed Transit Hearings Examiner's decision shall be final A person whose use privileges have been permanently suspended may request a review of the suspension on a yearly basis The request shall be made in writing and postmarked by Ithe United States Postal Service or received by the City Clerk within the ten (10) days following each year anniversary of the effective date of the suspension The request should be accompanied by a written statement and any other supporting documents explaining why the suspension should be dissolved The written statement and documents should focus on why the offending behavior will not be repeated Upon receiving a timely request for review, the Director of Public Works or an appointed Transit Hearings Examiner shall review the documents supporting suspension and the written statement(s) along with any supporting documents The page 2 of 3 Director of Public Works or an appointed Transit Hearings Examiner, after reviewing the submitted documents and the suspension documentation provided by the Transit Manager, may grant a hearing by phone or in person at a time and location determined by the Director of Public Works or an appointed Transit Hearings Examiner, to determine if the suspension should be dissolved However, if the submitted documents do not provide a compelling reason to believe the behavior will not be repeated, the Director of Public Works or an appointed Transit Hearings Examiner may decline to hold a hearing If a hearing is granted, the Director of Public Works or an appointed Transit Hearings Examiner will have authority to determine the extent of the hearing, and may rely on the findings of a past hearing(s) dealing with the same suspension Within ten (10) calendar days after the receipt of the request for review or the hearing date, whichever is later, the Director of Public Works or an appointed Transit Hearings Examiner shall make a decision affirming, modifying, or terminating the suspension The Director of Public Works or an appointed Transit Hearings Examiner's decision shall be final E Misdemeanors — penalty A person who is guilty of committing a misdemeanor under this Chapter shall be subject to a fine of not more than one thousand dollars ($1,000 00) and /or by imprisonment in jail for not more than ninety (90) days, or both F Limitation of obligations Nothing in the rules of requirements set forth in this Chapter shall create a duty to any person on the part of the City or form any basis for liability on the part of the City, the members of the City Council, or City agents or employees The obligation to comply with said Chapter is solely that of any persons entering upon transit property and the City's enforcement of said Chapters is discretionary, not mandatory "� Section 3. Chapter 7 90 of the City of Yakima Municipal Code is hereby amended to add a new section 7 90 060 entitled Severability and shall read as follows "7 90 060 Severability Should any section, subsection, paragraph, sentence, clause, or phrase of this Chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Chapter or its application to any other person or situation " Section 4 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 14th day of December, 2010 1L_! ATTEST Micah Cawley, Mayor j /, City CI -rk Publication Date 12/17/10 Effective Date 1/16/11 page 3 of 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 2_1 A, For Meeting of December 14, 2010 Item Title An ordinance relating to Transit Services, amending Chapter 7 90 of the City of Yakima Municipal Code to add new sections 7 90 030 entitled Transit Code of Conduct, 7 90 050 entitled Enforcement and Appeal Procedures, and 7 90 060 entitled Severability Submitted By Chris Waarvick, Public Works Director Ken Mehin, Transit Manager Contact Person/Telephone Cynthia I Martinez, 575 -6033 Summary Explanation Most cities with an organized transit system have a formal transit code of conduct and a procedure to suspend transit privileges for those who engage in prohibited conduct. These types of ordinances provide notice to transit users of the transit rules and the consequences for breaking those rules The passage of this ordinance will formalize a Transit Code of Conduct for the City of Yakima Transit System and standardize the procedure for imposing sanctions Violations of the Transit Code of Conduct may result in the loss of transit • privileges A month ago, Council adopted by reference the Revised Code of Washington Statute which describes and prohibits more serious transit conduct; which violations may result in criminal sanctions This ordinance is essential to ensure all transit customers are able to enjoy transit services Resolution Ordinance X Contract Other (Specify) Funding Source Approval for Submittal 'City Manager Staff Recommendation Pass ordinance Committee /Board Recommendation. The City of Yakima Council Transit Committee approved the content of this ordinance and has recommended that the ordinance be passed by the full Council Council Action