HomeMy WebLinkAbout2003-016 Transit Center Curfew ORDINANCE NO 2003- 16
AN ORDINANCE relating to public services and utilities, closing the transit center to
public use during certain hours and, enacting as a new section,
section 7.80 010 of the City of Yakima Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 7.80.010 of the city of Yakima Municipal Code is hereby
enacted as a new section to read as follows.
"7.80.010 Transit Center Curfew
The City Council of the City of Yakima takes notice and finds that the
Yakima Transit Center located at the corner of East Walnut Street and 4th
Street has been subject to ongoing vandalism, that such vandalism largely
occurs during hours when the Yakima Transit Center is not being used
for transit activities and that the occupancy and use of the transit center
during hours when transit services are not available constitutes a public
nuisance.
When conspicuously posted with signs warning against entry into or
remaining in the Yakima Transit Center during prohibited hours, it is
unlawful for any person to enter upon or remain at the Yakima Transit
Center between the hours of 7 p.m. and 6 a.m. of the following day unless
the presence of such person during prohibited hours is authorized by the
Transit Manager or his or her designee.
Violation of this section is a misdemeanor punishable by up to ninety
days in jail and /or a fine of up to $1000 In addition, the violator may be
required to remain away from the Yakima Transit Center for a period of
up to one year from the date of conviction."
Section 2. 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
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PASSED BY THE CITY COUNCIL, signed and approved this 18 day of , March ,
2003
, L
M ary Place, Mayor
ATTEST
By Ka AA.,.._ 2
City Clerk
Publication Date: 3 -21 -2003
Effective Date: 4 -20 -2003
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
4- 19 Item No
For Meeting Of March 18, 2003
ITEM TITLE. Ordinances regulating the use of transit property (A) An
ordinance relating to public safety and morals, providing for the trespassing of
persons guilty of unlawful bus conduct, providing that a police officer may order
persons off the Yakima Transit center who interfere with the use of the transit center,
and, amending section 6 45.025 of the City of Yakima Municipal Code, and (B) An
ordinance relating to public services and utilities, closing the transit center to public
use during certain hours and, enacting as a new section, section 7.80 010 of the City
of Yakima Municipal Code
SUBMITTED BY: Jeff B West, Senior Assistant City Attorney
CONTACT PERSON /TELEPHONE: Jeff B West, 575 - 6033
SUMMARY EXPLANATION• Continual problems have arisen at the Yakima Transit
Center due to individuals congregating for purposes other than to use the facility for
transit functions, gang activity, drug related activity and harassment and intimidation of
transit patrons. The police require authority to order these persons cease interfering with
transit patrons' use of transit facilities. In addition, there have been ongoing problems
with damage and defacement of the transit center during hours when it is not in use.
Transit services are not provided at the transit center from 7 p.m. until 6 a.m. the
following morning There is no legitimate public use of this facility during those hours.
(continued on page 2)
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Phone:
Funding Source
APPROVED FOR SUBMITTAL. anager
STAFF RECOMMENDATION. Pass Ordinance
BOARD /COMMISSION RECOMMENDATION.
COUNCIL ACTION. Ordinance passed. ORDINANCE NO. 2003 -15 (unlawful bus conduct)
Ordinance passed. ORDINANCE NO. 2003 -16 (transit center curfew)
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Agenda Statement for March 18, 2003 re ordinances amending section 6 45 010 and
enacting a new section, section 7.80.010
(continuation of summary explanation)
It is recommended that 6 45.025 (h) be removed. A violation of that subsection is a
misdemeanor Recent changes to the City's malicious injury to property ordinance make
the placement of graffiti a gross misdemeanor The conflict between these two
ordinances means that persons who deface other public or private property with graffiti
face a gross misdemeanor while persons who deface transit property with graffiti face
only a misdemeanor The City's existent malicious injury to property ordinance will
provide adequate alternative regulation of this criminal activity
These changes should result in minimal fiscal impact for court, prosecution, and
police services.
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