HomeMy WebLinkAboutResolution 2012-170 N.C.S. 12/3/2012 Resolution No. 2012-170 N.C.S.
of the City of Petaluma, California
ADOPTING PETALUMA TRANSIT RIDERS' CODE OF CONDUCT
WHEREAS, ensuring the safety and welfare of Petaluma citizens and Petaluma Transit
passengers is a matter that is within the police power of the City of Petaluma as a charter city;
and,
WHEREAS, with increased ridership within the Petaluma Transit system, Petaluma
Transit drivers and staff have witnessed increasing instances of passenger behavior that
adversely affects the safety and welfare of transit passengers and operators; and,
WHEREAS, the City wishes to adopt rules of conduct for the Petaluma Transit System
so that riders and citizens will know what acts are prohibited on Transit vehicles and are
adequately informed of the consequences of behavior that is prohibited; and,
WHEREAS, the Riders' Code of Conduct is consistent with other similar policy
documents from other transit agencies with similar public ridership and issues; and,
WHEREAS, on April 12, 2012, at a public meeting, the Transit Advisory Committee
accepted public comment on the proposed Riders' Code of Conduct and recommended that the
City adopt the version proposed; and,
WHEREAS,the City will create car cards, flyers, and brochures outlining the rules and
penalties contained within the Riders' Code of Conduct and will post notices regarding the
Riders' Code of Conduct inside all Petaluma Transit and Petaluma Paratransit vehicles and on
the City website to increase awareness of the Riders' Code of Conduct and the consequences for
violation of its provisions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma:
Resolution No. 2012-170 N.C.S. Page 1
1. Adopts the Petaluma Transit Riders' Code of Conduct attached as Exhibit A hereto and
directs City staff to implement the policies contained within it.
2. Authorizes the Petaluma Transit Manager, in consultation with the City Manager and the
City Attorney, to adjust or modify the Riders' Code of Conduct in response to staffs
evaluation of its effectiveness after implementation, provided that any such updated
Riders' Code of Conduct complies with all applicable City, state or federal law.
3. The adoption and enforcement of the Riders' Code of Conduct is not an exclusive remedy
for conduct affecting the Petaluma Transit System and does not limit the City's ability to
resort to any other judicial or administrative remedies available under its Municipal Code,
or other applicable local, State or federal law.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved was to
Council of the City of Petaluma at a Regular meeting on the 5th day of December, forpc t
2012,by the following vote: ,� Y
City Attorney
AYES: Albertson, Barrett, Mayor Class. Harris. Healy. Kearney, Vice Mayor Renee
NOES: None
ABSENT: None
ABSTAIN: None Dt
ATTEST: eiLLLAIL2 .LXJL� .t:i
City Clerk "" ..VV\\ Mayor
Resolution No. 2012-170 N.C.S. Page 2
EXHIBIT A
CITY OF PETALUMA
DEPARTMENT OF PUBLIC WORKS & UTILITIES
TRANSPORTATION DIVISION
Riders Code of Conduct
Rules and Policies Governing the Conduct and Safety of the Public
In the Use of Petaluma Transit Facilities
Purpose and Applicability
The purpose of the following policies and rules are to protect the health, safety and welfare of
Petaluma Transit's passengers and drivers, to protect equipment and facilities used in providing
public transit services, and to assure civility and desirability of transit service. Petaluma
Transit's Rider's Code of Conduct ("Code") shall apply to all passengers, whether riding, exiting,
entering, or waiting for the bus at a designated transit stop, or visiting the transit business
offices.
Passenger Conduct
Passenger courtesy
• Show courtesy to other passengers when entering, exiting and riding the bus
• Yield priority seating and locations designated for use by persons using wheelchairs to
persons with disabilities, persons using wheelchairs, and senior citizens
• Use the "stop" signal only when approaching your designated bus stop
• Avoid moving about the bus when it is in motion
• Keep cell phone conversations to a minimum
• Keep voices to a low and conversational level
• Do not push, shove or crowd other passengers
• Control any animals permitted on board (see special conditions below) to prevent them
from barking, growling, approaching or threatening other passengers and/or operators
Prohibited behavior
• Any violation of this Code, Federal, State or local law, including but not limited to
conduct described in California Penal Code Section 640
• Threatening the health, safety or well being of the driver, other passengers, or any
person
• Damaging or defacing the vehicle or other transit property, including but not limited to
bus shelters, benches and signs
• Fighting, pushing, shoving, or initiating physical contact with other passengers or the
driver
• Any conduct intended to or which distracts or interferes with the driver's operation of the
bus
• Throwing any object or trash from or inside the bus
• Loud or boisterous talking or other noise, or unwanted conversation with other
passengers intended to or which interferes with the other passengers' use and
enjoyment of the bus
Resolution No. 2012-170 N.C.S. Page 3
• Using obscene, threatening, offensive or "hate" speech
• Use of musical devices except while using headphones
• Opening or tampering with emergency windows, except during an emergency
• Tampering with or operating equipment intended for the bus driver's exclusive use
• Smoking, eating, drinking or expectorating on the vehicle
• Possession of anyweapons, including but not limited to firearms, knives, or martial arts
weapons
• Using transit facilities while under the influence or in possession of illicit drugs, or illegal
substances
• Bringing open containers of alcohol into or on any transit vehicle or facility
• Intentional fare evasion, payment of incorrect fare, misuse of bus transfers or tickets
• Possession or use of any dangerous, flammable substances, or use of any device to
produce a flame
• Disregarding or disobeying the directive of a bus driver with regard to these policies and
their enforcement
• Touching or running after a moving bus
• Using a hand, umbrella, briefcase, or any other object to try to hold open or reopen bus
doors if they are closing
• Occupying more than one seat when to do so would cause other passengers to stand
(no seats available), or otherwise.interfere with the operation of the vehicle or the
comfort of other passengers
• Crossing in front of the bus after exiting the vehicle
Animals
Only guide dogs, working service or special-assistant animals are allowed on buses unless
carried in and remaining in an approved hand-carried container which complies with the
conditions for"Carry on Items," below.
Carry On Items
All items brought onboard, including musical instruments, skateboards or sporting equipment,
briefcases, animal carriers or backpacks, must be stowed so as not to block the aisles or safety
exits. Items may be stored in luggage racks, underneath the seat or on the passenger's lap.
Carrying on any explosives, acid, flammable liquid, and/or toxic or hazardous materials are
prohibited.
Strollers and Carts
Strollers and other wheeled carts must be folded before boarding and must be stowed safely
away from the aisles and safety exits.
Enforcement of Policies
Petaluma Transit bus drivers are authorized to enforce these policies.
Upon witnessing a violation, Petaluma Transit bus drivers may:
• Warn the offending passenger that further like conduct will be grounds for removal from
Resolution.No.2012-170 N.C.S. Page 4
the bus and/or future denial of services
• Stop the vehicle until the offending conduct stops, the offending passenger has been
removed from the bus, or law enforcement can assist in removing the offending
passenger
• Refuse to admit the passenger onto the bus if the offending conduct occurs before the
passenger boards (i.e. at the bus stop or the passenger is subject to a current
suspension) Report the passenger's conduct to the police
The bus driver is required to report any violation of this Policy to the City Transit Manager or his
/her designee for further action.
Administrative action by City of Petaluma
City of Petaluma staff will review all reports, by drivers or passengers relating to complaints of
conduct or behavior in violation of this Code.
Upon such review, City of Petaluma in its sole discretion may:
• Suspend future riding privileges for a definite or indefinite period (refer to "Suspension of
Service", below)
• Notify appropriate law enforcement agency(s) and pursue arrest and criminal
prosecution of the offending passenger
• Pursue any other appropriate legal or administrative remedy
• Contact appropriate school authorities where applicable
• Issue a warning letter or notification
• Determine that no further action is required
Surveillance
To further the health, safety and welfare of drivers and passengers, the City of Petaluma may,
at its election, equip some or all of its vehicles and facilities with video and/or audio equipment.
Said equipment shall be used solely in connection with the furtherance of the above policies,
and shall not be released for any other purpose.
Consistency
The above policies shall be enacted and enforced consistently with all applicable federal and
state laws.
Suspension of Service
The City of Petaluma reserves the right to suspend service to individuals who violate any of the
policies and/or rules contained herein. Offenses which have occurred prior to the adoption of
this Code shall not be considered for purposes of the progressive penalties described herein.
Penalties may be increased if the infraction is deemed to be of a criminal nature and under
investigation and/or action by the police and/or court of jurisdiction. The City Transit Manager
shall be authorized to make a decision for suspension of service, which shall be final, subject to
the individual's right to appeal as described below:
Dangerous Conduct Presenting a Serious Threat to Public Safety
In the case of conduct which is determined by the City to present a clear and immediate threat
to the safety of Petaluma Transit passengers and/or operators and/or employees, officers,
agents and/or volunteers of the City of Petaluma, and/or which has resulted in injury to the
violator, or to Petaluma Transit passengers and/or operators and/or employees, officers, agents
Resolution No.2012-170 N.C.S. Page 5
and/or volunteers of the City of Petaluma, the City may immediately and/or permanently
suspend transit services subject to the individual's right to appeal as described below.
First Offense
The first violation of this Code may result in a suspension of transit services for a period no
longer than one week.
Second Offense
The second violation of this Code within 12-months of the first offense may result in a
suspension of transit services for a period no longer than one month.
Third Offense
The third violation of this Code within 18-months of the second offense may result in a
suspension of transit services for a period no longer than one year.
Due Process — Appeal of Suspension Action
Users of Petaluma Transit or Paratransit may appeal a suspension of service decision either in
writing or by contacting the Petaluma Transit Manager in person to schedule an appeal hearing.
The appeal hearing shall be scheduled within 14 calendar days from the date notice of an
appeal is received by the Petaluma Transit Manager. If the request is made in person, the
Petaluma Transit Manager may require the appellant to sign a written form requesting an appeal
hearing.
A "Transit Suspension Appeals Panel" is established to consider all suspension appeals and
render a final decision on a suspension:
• Petaluma Transit (Contractor) Operations General Manager, ordesignee
• City of Petaluma Director of Public Works & Utilities, or designee
• A member of the City Transit Advisory Committee
The Transit Suspension Appeals Panel ("Panel") shall meet at a time and place provided to the
appellant in writing at least five days prior to the date of the Panel hearing. Appellant shall have
the right to appear at the hearing and may request a continued time or date acceptable to the
Panel. If the appellant requests review of an appeal upon submission of written information
and/or documents, the Panel shall meet to consider the written appeal. The Panel, after
considering the appeal, may:
• Uphold the suspension, and determine the starting and ending date of the suspension
• Modify the suspension, and determine the starting and ending date of the suspension
• Dismiss the suspension and reinstate the appellant's ability to use the service
The Panel shall notify the appellant in writing of its decision, which shall be final.
Remedy Not Exclusive
The City's adoption and enforcement of this Code is not an exclusive remedy for conduct
affecting the Petaluma Transit System and does not limit the City's ability to resort to any
other judicial or administrative remedy and/or penalty available under its Municipal Code,
or other applicable local, State or federal law.
Resolution No.2012-170 N.C.S. Page 6