CHAPTER 31
REGULATION OF CONDUCT AT TRANSIT CENTER
SECTION:
6-31-1: Definitions
6-31-2: Violations
6-31-3: Expulsion
6-31-4: Administrative Appeal
6-31-5: Administrative Hearing
6-31-6: Trespass In Transit Center Defined
6-31-7: Penalties
6-31-8: Discretion Of Law Enforcement
6-31-1 DEFINITIONS:
For purposes of this Chapter and the application of RCW 9.91.025, as adopted by RMC 6-10-1K, the following terms shall have these definitions:
A. “Camping,” in addition to its common meaning, shall mean the occupation of an area for purposes as a temporary living situation, no matter how short in duration, whether or not the person camping establishes a heat or cooking source.
B. “Loitering” is remaining in the Transit Center for sixty (60) consecutive minutes or more, except any person employed by a vendor that has a contract with King County Metro for the provision of services in the Transit Center.
C. “Passenger facility” or “transit facility” means all 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 to transit passengers.
D. “Piazza” is that park area located on the Northern side of South Third Street between Burnett Avenue South and Logan Avenue South, and shall include the Pavilion building.
E. “Riding a bicycle” shall mean a bicycle being propelled by human or other means, (1) while a person is seated upon any portion of the bicycle, or (2) while either or both feet are upon any portion of the bicycle, except this definition will not include law enforcement or transit personnel while riding bicycles as a part of their official duties.
F. “Riding a skateboard” shall mean a skateboard being propelled on the ground by human or other means, (1) while any portion of the human body is in contact with any portion of the skateboard, or (2) while the skateboard is in movement on the ground after having been propelled by human or other means.
G. “Rollerblading” shall mean the movement across the ground by any person while wearing and employing in-line skates or roller skates.
H. “Sexual act” shall have the same meaning as it is defined in RMC 6-30-1.
I. “Sleeping” shall not be limited to a prone position.
J. “Transit Center”:
1. The Northern boundary is the south edge of the roadway that is South Second Street.
2. The Southern boundary is the Piazza.
3. The Eastern boundary is the east edge of the sidewalk east of the roadway that is Burnett Avenue South.
4. The Western boundary is the east edge of the roadway that is Logan Avenue South. (Ord. 5587, 12-13-10)
6-31-2 VIOLATIONS:
A. It is unlawful to loiter at the Transit Center. Loitering at the Transit Center shall be a civil infraction.
B. It is unlawful to ride a bicycle within the boundaries of the Transit Center except for the legally travelled portions of the roadways. Riding a bicycle within the boundaries of the Transit Center shall be a civil infraction.
C. It is unlawful to rollerblade or ride a skateboard within the boundaries of the Transit Center except for the legally travelled portions of the roadways. Rollerblading or riding a skateboard within the boundaries of the Transit Center shall be a civil infraction.
D. It is unlawful to sleep or camp within the boundaries of the Transit Center. Sleeping or camping within the boundaries of the Transit Center shall be a civil infraction.
E. It is unlawful to use a public address system or other sound amplifying device within the boundaries of the Transit Center. Using a public address system or other sound amplifying device within the boundaries of the Transit Center shall be a misdemeanor.
F. It is unlawful to engage in a sexual act, whether alone or with another person, within the boundaries of the Transit Center. Engaging in a sexual act within the boundaries of the Transit Center shall be a misdemeanor.
G. It is unlawful to engage in gambling activity within the boundaries of the Transit Center. Engaging in gambling activity within the boundaries of the Transit Center shall be a misdemeanor.
H. It is unlawful to climb on any structures within the boundaries of the Transit Center. Climbing on any structures within the boundaries of the Transit Center shall be a civil infraction.
I. A violation of RCW 9.91.025, as adopted by RMC 6-10-1K, is a violation of this Chapter for purposes of expulsion. (Ord. 5587, 12-13-10)
6-31-3 EXPULSION:
A. Immediate Expulsion: Any person violating a rule or provision of this Chapter or any federal, state or local law may be ordered by a commissioned peace officer to leave the Transit Center immediately.
B. Second Expulsion: Any person violating a rule or provision of this Chapter or any federal, state or local law and who has been the subject of a prior expulsion within the immediately preceding three (3) days may be ordered by a commissioned peace officer to leave the Transit Center immediately and will be subject to expulsion for up to seven (7) calendar days.
C. Expulsion Up To One (1) Year: Any person violating a rule or provision of this Chapter or any federal, state or local law and (1) who has been the subject of two prior expulsions within the immediately preceding thirty (30) days, or (2) who has been expelled from the Transit Center three (3) or more times in any 90-day period may be ordered by a commissioned peace officer to leave the Transit Center immediately AND will be subject to expulsion for up to one (1) year.
D. Failure to comply with any expulsion order shall be grounds for prosecution for criminal trespass. (Ord. 5587, 12-13-10; Ord. 5598, 4-25-11)
6-31-4 ADMINISTRATIVE APPEAL:
A. A person receiving an expulsion notice for an expulsion of seven (7) days, or longer, may file an appeal to have the expulsion notice rescinded or the duration of the expulsion shortened.
B. The appeal must be in writing, provide the appellant’s current address, and shall be accompanied by a copy of the expulsion notice that is being appealed.
C. The written notice of appeal must be sent to the Chief of Police, postmarked no later than seven (7) calendar days after the issuance of the expulsion notice. If the seventh day falls on a non-business day, then the postmark must be no later than the next business day. For purposes of this Chapter, a non-business day is a Saturday, Sunday, or holiday observed by the City of Renton.
D. The expulsion shall remain in effect during the pendency of any administrative or judicial proceeding. (Ord. 5587, 12-13-10)
6-31-5 ADMINISTRATIVE HEARING:
A. The Chief of Police or his or her designee (hereinafter “Hearing Official”) shall:
1. Notify the appellant of the hearing date, time, and location;
2. Conduct a hearing within ten (10) business days of receipt of the notice of appeal; and
3. Issue a ruling upholding, rescinding, or shortening the duration of the expulsion no later than five (5) business days after the hearing.
B. The Hearing Official shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the individual who issued the expulsion notice, without further evidentiary foundation. This evidence creates a rebuttable presumption that the violation occurred and the burden thereafter rests with the appellant to overcome the presumption.
C. The Hearing Official shall consider the expulsion notice and may consider any written or oral sworn testimony of the appellant or witnesses, as well as pictorial or demonstrative evidence offered by the appellant that the Hearing Official considers relevant and trustworthy. The Hearing Official may consider information that would not be admissible under the evidence rules in a court of law.
D. The Hearing Official may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer individual oaths to witnesses. The Hearing Official shall not issue a subpoena for the attendance of a witness at the request of the appellant unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The appellant shall be responsible for serving any subpoena issued at the appellant’s request.
E. If, after the hearing, the Hearing Official is persuaded on a “more probable than not” basis that the violation did occur, the expulsion notice shall be upheld. Upon a satisfactory showing by appellant that he or she understands his or her violation and will not repeat the violation, the Hearing Official may shorten the duration of the expulsion. If, however, the violation is not proved on a “more probable than not” basis, then the Hearing Official shall rescind the expulsion. If the Hearing Official rescinds an expulsion, the expulsion shall not be considered a prior expulsion for purposes of RMC 6-31-3B and C.
F. The decision of the Hearing Official is final.
G. No determination of facts made by the Hearing Official under this Section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding.
H. In no event will the Hearing Official be a person who is subordinate to the person who issued the expulsion notice.
I. The decision of the Hearing Official is final. (Ord. 5587, 12-13-10)
6-31-6 TRESPASS IN TRANSIT CENTER DEFINED:
It is unlawful for any person to enter or remain in the Transit Center during the period covered by an expulsion notice pursuant to RMC 6-31-3. (Ord. 5598, 4-25-11)
6-31-7 PENALTIES:
A. The expulsions set out in RMC 6-31-3 may be imposed in addition to:
1. Civil penalties if the violation constitutes an infraction; and
2. Criminal penalties if the violation constitutes a misdemeanor.
B. Infractions: A person who is guilty of committing an infraction under this Chapter shall be subject to a monetary penalty of not more than fifty dollars ($50) plus statutory assessments. Any person cited for a civil infraction shall be subject to the applicable Rules for Courts of Limited Jurisdiction.
C. Criminal violations of RCW 9.91.025, as adopted by RMC 6-10-1K, and those violations identified herein shall be punished as misdemeanors.
D. Any person who enters or remains in the Transit Center during the period covered by an expulsion notice shall be guilty of a misdemeanor and may be punished by a fine in any sum not to exceed one thousand dollars ($1,000) or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment. (Ord. 5587, 12-13-10; Ord. 5598, 4-25-11. Formerly 6-31-6.)
6-31-8 DISCRETION OF LAW ENFORCEMENT:
Enforcement of this Chapter is discretionary, not mandatory. (Ord. 5587, 12-13-10; Ord. 5598, 4-25-11. Formerly 6-31-7.)