HomeMy WebLinkAbout12/14/2010 21A Transit Code of Conduct; Enforcement and Appeal Procedures; Severability; YMC Additions 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
ORDINANCE NO 2010 -
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 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 90 030 entitled Transit Code of Conduct to read as
follows
"7 90 030 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,
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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 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
ithe 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
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• 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 the 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 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 "
cim/ordinance /transit/ page 3 of 4
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 40
PASSED BY THE CITY COUNCIL, signed and approved this 14th day of
December, 2010
ATTEST Micah Cawley, Mayor
City Clerk
Publication Date
Effective Date
S
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