Chapter 9.35
REGULATION OF CONDUCT ON
TRANSIT PROPERTY
Sections:
Article I. General
9.35.010 Civil infractions – Misdemeanors.
Article II. Public Communication Activities
9.35.030 Transit vehicles and tunnel platform areas.
Article III. Enforcement
9.35.060 Suspension of use privileges.
9.35.070 Infractions – Penalty.
9.35.080 Misdemeanors – Penalty.
Article I. General
9.35.010 Civil infractions – Misdemeanors.
A. Infractions. The following actions are prohibited in, on or in relation to all transit properties. For conduct not amounting to a violation of another applicable State or local law bearing a greater penalty or criminal sanction than is provided under this section, a person who commits one of the following acts in, on or in relation to transit property is guilty of a civil infraction to which Chapter 7.80 RCW applies:
1. Allowing any animal to occupy a seat on transit property, to run at large without a leash, to unreasonably disturb others, or to obstruct the flow of passenger or bus traffic, but animals may occupy a passenger’s lap while in a transit vehicle or facility;
2. Allowing his or her animal to leave waste on transit property;
3. Rollerskating, rollerblading or skateboarding;
4. Riding a bicycle, motorcycle or other vehicle except for the purpose of entering or leaving passenger facilities on roadways designed for that use. In tunnel facilities, bicycles must be walked at all times and may not be transported on escalators. However, nothing in this section shall be construed to apply to commissioned peace officers or City employees engaged in authorized activities in the course of their employment;
5. Eating or drinking. However, eating and drinking nonalcoholic beverages are permitted on the mezzanine and exterior plaza levels of tunnel stations and the exterior areas of other passenger facilities. Also, drinking a nonalcoholic beverage from a container designed to prevent spillage is permitted on transit property;
6. Bringing onto a transit passenger vehicle any package or other object which blocks an aisle or stairway or occupies a seat if to do so would, in the operator’s sole discretion, cause a danger to passengers or displace passengers or expected passengers;
7. Operating, stopping, standing or parking a vehicle in any roadway or location restricted for use only by transit vehicles or otherwise restricted;
8. Engaging in public communication activities or commercial activities except as authorized under Article II of this chapter;
9. Riding transit vehicles or using benches, floors or other areas in tunnel and other passenger facilities for the purpose of sleeping rather than for their intended transportation-related purposes;
10. Camping in or on transit property, storing personal property on benches, floors or other areas of transit property;
11. Entering or crossing the transit tunnel roadway or transit vehicle roadways in and about other passenger facilities, except in marked crosswalks or at the direction of City or police department personnel;
12. Extending an object or a portion of one’s body through the door or window of a transit vehicle while it is in motion;
13. Hanging or swinging on bars or stanchions, with feet off the floor, inside a transit vehicle or other transit property, hanging onto or otherwise attaching oneself at any time to the exterior of a transit vehicle or other transit property;
14. Engaging in any sport or recreational activities on transit property;
15. Parking a vehicle in an approved parking area on transit property for more than 72 consecutive hours;
16. Using a transit facility for residential or commercial parking purposes;
17. Performing any nonemergency repairs or cleaning of a vehicle parked on transit property; and
18. Conducting driver training on transit property.
B. Misdemeanors. The following actions are prohibited in, on or in relation to all transit properties. For conduct not amounting to a violation of another applicable State or local criminal law bearing a greater penalty than is provided under this chapter, a person who commits one of the following acts in, on or in relation to transit property is guilty of a misdemeanor:
1. Smoking or carrying a lighted or smoldering pipe, cigar or cigarette while in a transit vehicle or in the platform or mezzanine areas of the tunnel;
2. Discarding litter other than in designated receptacles;
3. Playing a radio, tape recorder, audible game device or any other sound-producing equipment, except when the equipment is connected to earphones that limit the sound to the individual listener. However, the use of communication devices by City employees, City contractors or police officers in the line of duty is permitted, as is the use of private communication devices used to summon, notify or communicate with other individuals (such as “beepers” or portable telephones);
4. Spitting, expectorating, urinating or defecating except in restroom facilities;
5. Carrying flammable liquids, flammable or nonflammable explosives, acid or any other article or material of a type or in a manner that is likely to cause harm to others. However, cigarette, cigar or pipe lighters, firearms, weapons, and ammunition may be carried if in a form or manner that is not otherwise prohibited by law or ordinance;
6. Intentionally obstructing or impeding the flow of transit vehicle or passenger movement, hindering or preventing access to transit property, causing unreasonable delays in boarding or deboarding, reclining or occupying more than one seat, or in any way interfering with the provision or use of transit services;
7. Unreasonably disturbing others by engaging in loud, raucous, unruly, harmful, abusive or harassing behavior;
8. Defacing, destroying or otherwise vandalizing transit property or any signs, notices or advertisements on transit property;
9. Drinking an alcoholic beverage or possessing an open container of an alcoholic beverage. However, possessing and drinking an alcoholic beverage is not prohibited in the tunnel facilities if authorized as part of a scheduled special event for which all required permits have been obtained and when said facilities are not in use for transit purposes;
10. Entering nonpublic areas, including but not limited to tunnel staging areas and equipment rooms, except when authorized by the director or when instructed to by City or police department personnel;
11. Dumping any materials whatsoever on transit property, including but not limited to chemicals and automotive fluids;
12. Throwing an object at transit property or at any person in transit property;
13. Failing to present a valid, unexpired pass, transfer or ticket or otherwise failing to pay the appropriate fare as required under City ordinance;
14. Possessing an unissued transfer or tendering an unissued transfer as proof of fare payment;
15. Falsely representing oneself as eligible for a special or reduced fare or obtaining any permit or pass related to the transit system by making a false representation;
16. Falsely claiming to be a transit operator or other transit employee, or through words, actions and/or the use of clothes, insignia or equipment resembling department-issued uniforms and equipment creating a false impression that he or she is a transit operator or other transit employee;
17. Bringing onto transit property odors which unreasonably disturb others or interfere with their use of the transit system, whether such odors arise from one’s person, clothes, articles, accompanying animal or any other source;
18. Engaging in gambling or any game of chance for the winning of money or anything of value; and
19. Discharging a laser-emitting device on a transit vehicle, directing such a device from a transit vehicle toward any other moving vehicle or directing such a device toward any transit operator or passenger. [Ord. 01-0101 § 44(2) (KCC 28.96.010); Ord. 98-0040 § 5.]
Article II. Public Communication Activities
9.35.020 General.
A. Purpose. In furtherance of its proprietary function as provider of public transportation, the City makes a variety of transit properties available to persons who use public transit services. Although transit properties may be accessed by the general public, they are not open public forums either by nature or by designation. Transit properties are intended to be used for public transit-related activities and provide little, if any, space for other activities.
Most public communication activities are generally prohibited in or on transit properties, regardless of viewpoint expressed, because they are incompatible with the City’s legitimate interests, including but not limited to:
1. Securing the use of scarce parking spaces and shelter space for persons who are using public transit services;
2. Maintaining safe, clean and secure transit properties to retain existing, and attract new users of public transit services;
3. Reducing litter pickup and other maintenance or other administrative expenses so as to maximize the provision of public transit services;
4. Preventing delays and inconvenience to passengers by minimizing congestion, and expediting their boarding, transferring, and deboarding of transit vehicles; and
5. Securing scarce space at the tunnel and other passenger facilities for potential commercial activities intended to produce revenues for the system and attract riders with convenience services and goods.
It is the purpose of this chapter to describe the varying degrees to which passengers and the public are allowed to engage in public communication activities on the three categories of transit property identified in KMC 9.35.030. This chapter does not apply to City activities or to City employees engaged in authorized activities in the course of their employment.
B. Obligations of Communicator. In addition to any civil infraction or criminal sanctions which may be applicable under this chapter or applicable federal, State and local law, any person engaged in public communication activities and found responsible for littler, damages or destruction of property, whether by accident or intent, shall be responsible for cleanup and/or shall be liable for the cost of cleanup, repair and replacement as necessary.
C. Noncity Uses. Notwithstanding the limitations and prohibitions contained in this chapter, the City reserves the right to enter into licenses, leases or other use agreements permitting noncity uses of transit properties which are found to be compatible with the City’s proprietary public transit function and interests; provided, the city manager shall comply with applicable King County Charter, King County Code and State law requirements in executing such licenses, leases and agreements. [Ord. 01-0101 § 44(2) (KCC 28.96.020).]
9.35.030 Transit vehicles and tunnel platform areas.
Public communication activities are prohibited in transit vehicles and tunnel platform areas. [Ord. 01-0101 § 44(2) (KCC 28.96.030).]
Article III. Enforcement
9.35.040 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 shall be subject to the following:
A. Immediate expulsion from transit properties;
B. Suspension of the privilege of entering upon and using the transit system and properties;
C. Civil penalties if the violation constitutes an infraction; and
D. Criminal penalties if the violation constitutes a misdemeanor.
The classification of a violation as either an infraction or a misdemeanor under KMC 9.35.010 shall not limit or preclude any action or prosecution from being undertaken pursuant to another applicable local, State or federal law. [Ord. 01-0101 § 44(2) (KCC 28.96.410).]
9.35.050 Immediate expulsion.
Any person violating a rule or provision of KMC 9.35.010 through 9.35.030 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 director 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. [Ord. 01-0101 § 44(2) (KCC 28.96.420).]
9.35.060 Suspension of use privileges.
A. 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 director 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 U.S. 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 or 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 two 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.
B. A person whose use privileges have been suspended may submit a written request for a review of the suspension, which request must be received by the director within 10 calendar days after the effective date of the suspension. Upon receiving a timely request, the director shall designate a person to review the suspension. The suspended person may orally present his or her reasons why the suspension should not be served, by phone or in person at a time and location mutually agreed upon with the reviewer. Within 10 calendar days after the suspended person presents his or her reasons, the reviewer shall make a decision affirming, modifying or terminating the suspension. The reviewer’s decision shall be final. [Ord. 01-0101 § 44(2) (KCC 28.96.430).]
9.35.070 Infractions – Penalty.
A person who is guilty of committing an infraction under KMC 9.35.010(A) shall be subject to a monetary penalty of not more than $500.00 plus statutory assessments. Any person cited for a civil infraction shall be subject to the applicable Rules for Courts of Limited Jurisdiction and penalty schedules. [Ord. 01-0101 § 44(2) (KCC 28.96.440).]
9.35.080 Misdemeanors – Penalty.
A person who is guilty of committing misdemeanor infraction under KMC 9.35.010(B) shall be subject to a fine of not more than $1,000 and by imprisonment in the county jail for not more than 90 days, or both. [Ord. 01-0101 § 44(2) (KCC 28.96.450).]