HomeMy WebLinkAbout2003-015 Unlawful Bus Conduct ORDINANCE NO. 2003 -15
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
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 6 45 025 of the city of Yakima Municipal Code is hereby
amended to read as follows.
6 45.025 Unlawful bus conduct -- Harassment -- Penalties.
(1) A person is guilty of unlawful bus conduct if while on or in a
municipal transit vehicle as defined by RCW 46.04.355 or in or at a
municipal transit station and with knowledge that such conduct is
prohibited, he or she:
(a) Except while in or at a municipal transit station, smokes or
carries a lighted or smoldering pipe, cigar, or cigarette,
(b) Discards litter other than in a designated receptacle,
(c) Plays any radio, recorder, or other sound - producing equipment
except that nothing herein shall prohibit the use of such equipment
when connected to earphones that limit the sound to individual
listeners or the use of communication device by an employee of the
owner or operator of the municipal transit vehicle or municipal
transit station,
(d) Spits or expectorates,
(e) Carries any flammable liquid, explosive, acid, or other article or
material likely to cause harm to others except that nothing herein
shall prevent a person from carrying a cigarette, cigar, or pipe
lighter or carrying a firearm or ammunition in a way that is not
otherwise prohibited by law;
(f) Intentionally obstructs or impedes the flow of municipal transit
vehicles or passenger traffic, hinders or prevents access to
municipal transit vehicles or stations, or otherwise unlawfully
interferes with the provision or use of public transportation
services,
(g) Intentionally disturbs others by engaging in loud, raucous,
unruly, harmful, or harassing behavior; or
(1k) ord bus conduct 3 -03.jw
(-} Destroys, defaces, or otherwise damages property of a
municipality as defined in RCW 35.58.272 employed in the
provision or u;,c of public transportation services.
(2) For the purposes of this section, "municipal transit station"
means 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 by a municipality as defined in RCW 35.58.272 for the
purpose of providing public transportation services, including, but
not limited to, park and ride lots, transit centers and tunnels, and
bus shelters.
2 It is unlawful for any person, group or assemblage of persons
whose standing, remaining or being congregated upon a municipal
transit station shall obstruct, prevent or interfere with the free and
unobstructed use of such municipal transit station by other
persons, to fail or refuse to move on or disperse upon being
ordered to do so by any police officer of the City of Yakima.
(34) A violation of this section is a misdemeanor In addition to any
other penalty provided by law, the violator may be required to
remain away from municipal transit stations and /or buses 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
PASSED BY THE CITY COUNCIL, signed and approved this 18th day of
March, 2003
Place, Mayor
ATTEST
By «cV .& „ - .
City Clerk
Publication Date: 3 -21 -2003
Effective Date: 4 =20 -2003
(1k) ord bus conduct 3 -03.jw
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
-f
Meeting Of March 18, 2003
ITEM TITLE: Ordinances regulating the use of transit property (A) An
ordinance relating to public safety and morals, providmg 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 Aer\
APPROVED FOR SUBMITTAL. )Certl
STAFF RECOMMENDATION. Pass Ordinance
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION
(1k)transit center regs jw
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.
(1k)transit center regs.jw