HomeMy WebLinkAbout11/02/2010 18 YMC Adding Section 7.90.040 "Unlawful Transit Conduct" and Adopting RCW Statute 9.91.025 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ' f g
For Meeting of November 2, 2010
ITEM TITLE An ordinance amending Chapter 7 90 of the City of Yakima Municipal Code by
adding a new section 7 90 040 entitled "Unlawful Transit Conduct" and adopting
the Revised Code of Washington Statute 9 91 025 by reference
SUBMITTED BY Chris Waarvick, Public Works Director
Cynthia I Martinez, Assistant City Attorney
CONTACT PERSON/TELEPHONE Cynthia I Martinez, 575 -6033
SUMMARY EXPLANATION Approval of this ordinance will adopt by reference the Revised
Code of Washington Statute which describes and prohibits unlawful transit conduct. See
Attached The crime of Unlawful Transit Conduct is a misdemeanor offense punishable by up to
ninety (90) days in jail and /or a one thousand dollar ($1,000) fine Adoption of this ordinance
will allow City Prosecutors to charge and prosecute the crime of unlawful transit conduct in the
City of Yakima Municipal Court.
Resolution Ordinance X Contract Other (Specify)
Funding Source
Approval for Submittal
City anager
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
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• ORDINANCE NO 2010 -
AN ORDINANCE relating to Transit; amending Chapter 7 90 of the City of Yakima
Municipal Code by adding a new section 7 90 040 and adopting
the Revised Code of Washington Statute 9 91 025 entitled,
"Unlawful Transit Conduct," by reference
BE IT 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 90 040 to read as follows
7 90 040 - Unlawful Transit Conduct
Revised Code of Washington (RCW) 9 91 025 entitled, "Unlawful
Transit Conduct," and all future amendments are hereby adopted
by reference
411 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 2nd day of
November, 2010
ATTEST Micah Cawley, Mayor
City Clerk
Publication Date
Effective Date
•
cim/ordinance /transit/ page 1 of 1
RCW 9.91.025
Unlawful transit conduct.
(1) A person is guilty of unlawful transit conduct if, while on or in a transit vehicle or in or at a transit station, he or she
knowingly
(a) Smokes or carries a lighted or smoldering pipe, cigar, or cigarette, unless he or she is smoking in an area
designated and authorized by the transit authority;
(b) Discards litter other than in designated receptacles,
(c) Dumps or discards, or both, any materials on or at a transit facility including, but not limited to, hazardous
substances and automotive fluids,
(d) Plays any radio, recorder, or other sound - producing equipment, except that nothing herein prohibits the use of
the equipment when connected to earphones or an ear receiver that limits the sound to an individual listener The use
of public address systems or music systems that are authorized by a transit agency is permitted The use of
communications devices by transit employees and designated contractors or public safety officers in the line of duty
is permitted, as is the use of private communications devices used to summon, notify, or communicate with other
individuals, such as pagers and cellular phones,
(e) Spits, expectorates, urinates, or defecates, except in appropriate plumbing fixtures in restroom facilities,
(f) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except
• that nothing herein prevents 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;
(g) Consumes an alcoholic beverage or is in possession of an open alcoholic beverage container, unless
authorized by the transit authority and required permits have been obtained,
(h) Obstructs or impedes the flow of transit vehicles or passenger traffic, hinders or prevents access to transit
vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services,
(i) Unreasonably disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior;
(j) Destroys, defaces, or otherwise damages property in a transit vehicle or at a transit facility;
(k) Throws an object in a transit vehicle, at a transit facility, or at any person at a transit facility with intent to do
harm,
(I) Possesses an unissued transfer or fare media or tenders an unissued transfer or fare media as proof of fare
payment;
(m) Falsely claims to be a transit operator or other transit employee or through words, actions, or the use of
clothes, insignia, or equipment resembling department- issued uniforms and equipment, creates a false impression
that he or she is a transit operator or other transit employee,
(n) Engages in gambling or any game of chance for the winning of money or anything of value,
(o) Skates on roller skates or in -line skates, or rides in or upon or by any means a coaster, skateboard, toy
vehicle, or any similar device. However, a person may walk while wearing skates or carry a skateboard while on or in
a transit vehicle or in or at a transit station if that conduct is not otherwise prohibited by law; or
• (p) Engages in other conduct that is inconsistent with the intended use and purpose of the transit facility, transit
station, or transit vehicle and refuses to obey the lawful commands of an agent of the transit authority or a peace
officer to cease such conduct.
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(2) For the purposes of this section.
•
(a) "Transit station" or "transit facility" means all passenger facilities, structures, stops, shelters, bus zones,
properties, and rights -of -way of all kinds that are owned, leased, held, or used by a transit authority for the purpose of
providing public transportation services.
(b) "Transit vehicle" means any motor vehicle, street car; train, trolley vehicle, ferry boat, or any other device,
vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit
authority that is used for the purpose of carrying passengers on a regular schedule.
(c) "Transit authority" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county
transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter
36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit
area under RCW 36.57.100, a regional transportation authority under chapter 81.112 RCW, or any special purpose
district formed to operate a public transportation system.
(3) Any person who violates this section is guilty of a misdemeanor
[2009 c 279 § 3; 2004 c 118 § 1 1994 c 45 § 4 1992 c 77 § 1 1984 c 167 § 1 ]
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