HomeMy WebLinkAboutStaff Report 3.F 12/3/2012 A;Ronciad Iteww#3 .,
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DATE: December 3, 2012 .
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TO Honorable Mayor and Membersof the City Council through City Manager
FROM: Dan St. John.— F:ASCE—'Director, Public Works & Utilities .
Joseph Rye—Transportation Manager,
SUBJECT; Resolution Adopting the Petaluma Transit Riders''Code;of Conduct
RECOMMENDATION .
It recommended is reconended that the City Council:approve the-attached:resolution adopting the Petaluma
Transit Riders' Code of Conduct
BACKGROUND
Although rare in Petaluma, transit riders will occasionally violate rules put in place by the transit
agency to protect them, their fellow riders, bus drivers and other persons in the community.,
While most infractions do not rise to'the level of criminal behavior•or an emergency where the.
police need to be involved,•clearly established guidelines to what constitutes unacceptable rider
behavior and the consequences?of violations-of a code of conduct,are;needed. A common
method most transit agencies use to address unacceptable passenger behavior,is to suspend riding.
Privileges for violation of established and posted rules. Best practices encourage escalating
suspensions for repeat offenders. The City's police power enables it"to adopt and implement
these procedures to`proiectthe public health, safety`and welfare.
DISCUSSION.
After experiencing a few examples of extremely poor behavior earlier this year, Transit staff
began"discussion with the Transit Advisory Committee(TACTabout alternatives to discourage
unacceptable`behavior suchsas foul language and belligerence:focused',on°the drivers and other
passengers., In instances where'physical;contact has.been made•by a--'rideragainstanother rider
or bus driver, or other blear'crimes",'the policerhave•broughtimaudio and video evidence
provided by Petaluma Transit for use in court. However, in casesthat'.fall short of physical
violence or other criminal code violation,;but are unpleasant and intimidating to the majority of
riders, Petaluma"Transithas been limited in options: For example, one notorious rider often
berates drivers and other passengers alike, demands other riders to clear a pathforher, and seeks
to,.intimidateathosse:around her This behavior Wextremely,harmful to the pleasantE.service
atmosphere that the City eeks:to•create:and maintain at all times, but fall short Of being a
Agenda Revie
City Attorney. Finance Director City Manager
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prosecutable "crime". To mainfain a:safe and pleasantservice, best practices suggest-this rider
be,removed from the service until this,behavior ceases. Without this code, drivers are stuck
waiting for the'individual;toTescalate the behavior to criminal levels prior to taking action.
Staff sought examples of codes and due process from other regional transit agencies and began a
Code of Conduct suitable for'P.etaluma'T-ransit; one not onerous, yet--:comprehensive-enough to
address the kinds of inappropriateibehavior observed on and around City buses. The proposed
Rider Code of Conduct covers:the following areas: passenger-conduct, animals, carry on items,
strollers and carts, enforcement policies, administrative actions including suspension of service,
anddue:process hearing procedures.
• As endorsed by the TAC, the establishment of an official mechanism to address objectionable,
rider:behavior is-desirable as the transit system continues to,growsin popularity and now carries
approximately 300,000 annual 'riders. With increased ridership, the City needs the ability to
address passenger behavior issues without involving the Petaluma,Police in every instance of bad
behavior by a rider. The proposed code has been reviewed and recommended.for approval by
the TAC and has received full review of Transit operator and City Attorney..
The proposed action meets Council.Goal: "Improve and enhance fiscal stability and
sustaihability."
FINANCIAL IMPACTS
While impossible to calculate, ensuring,;a more,pleasant travel experience may retain or increase
ridership; thereby preservingnr increasing existing fare box revenues.
• ATTACHMENTS
1. Resolution
/ Petaluma Transit Riders' Code of Conduct
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Attachment 1
RESOLUTION 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 powerof the City of Petaluma as;a charter city;
and J
• 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 t'o;adopt rules of conduct for the Petaluma Transit System
so that and citizens will 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, ata public meeting,the TransitAdvisory 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 web-site,to increascawareness'of the Riders' Code of Conduct and the consequences_for
violation of its`provisions.
NOW,.THEREFORE,_BE IT RESOLVED-that the CitytCouncil of the City of
Petaluma:
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.
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2. AuthorizesThe Petaluma Transit_Manager, inseonsultatiomwith the Cit'y.Manager and
the City Attorney,to adjust or modify the'Riders' Code,of Conduct in response to staff's
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evaluation of its effectiveness after implenientati ri, 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'€Petaluuma Transit System and does;not limit the City's ability to
resort to-any other judidial of+administrative remedies available under its Municipal Code,
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or other applicable local,;.State or'federal law.
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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 parpose.ofthe following policies'and rules are to-protect the health, safety and welfare of
' Petaluma TransitJspassengers,and drivers;.to protect;equipment'and facilities used in providing
public transit services, andlto assure;civility.and desirability of transitcservice. Petaluma
Transit's Rider's,Code•of Conduct (''Code");shall apply'to'„allipassengers, whether riding, exiting,
entering_, or waiting forthe bus at,a designated'transit stop, or visiting the transit business
offices.
Passenger Con duet -
Passenger courtesy
• Show courtesy to other°passengers when:entering,exitingand riding the bus
• l priority seating_and locations designated foruse by persons using wheelchairs to
Yield riorit
persons with.disabilities, persons using wheelchairs, and senior citizens
• Use the "stop"Signal'only when'approaching'yourdesignated bus stop
• Avoid moving about'the bus when-it'is in-motion
• Keep cell phonetonversations 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 orth'reatening other'passengers'and/or operators
Prohibited:behavior •
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{ • Any violation of this Code, Federal, State or local law,,including but not limited to
conducfdescribed 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 contactwith 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
enjoymentof`the bus
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• Using obscene threatening; offensive;or 'hate" speech
• • Use of musical devices except while•using headphones
• Opening or,tamperingwith•eniergencywin-dovvs, ekceptduring an emergency
• TamperingtWith,or operating equipment intended1orthe bus driver's exclusive use
• Smoking, eating,-drinking or expectorating on the•velicle
• Possession of any,weapons, 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'
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•. Bringing open containersiof alcohol into or on any`transitvehicle or facility
• Intentionalfare evasion, payment oflincorrect!`fare; misuse:of bus transfers or tickets
• Possession or use of any dangerous, flammable substances; or use of any device to
produce aflame
Disregarding dr disobeying1he directive Of a bus driver-Withregard to these.policies and
-their enforcement
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Touching or running after,a moving„bus
• Using a hand;;umbrella;'briefcase, or any other'sobject 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•servicetor special-assistant,animals.are:allowed'on buses unless
carried in and:remaining Ivan approved hand=carved'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 theiseat or on the passenger's lap.
Carrying on any`ezplosives, acid;;flainmable liquid, and/or toxic or hazardous materials are
prohibited
Strollers and Carts •
Strollerss;and other wheeled,carts must be folded before boarding and must be stowed safely
away froth 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
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the bus andior future denial of.services
• Stop the'vehicle until the,offending conduct.stops, the:offending passenger has been
removedrfrom the'bus, or'law enforcement;can assisfin•removing:the offending
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• 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) ReportYthe,passenger's conduct to;the police
The bus driver is required to;report-any violatiortof this Policy to the City Transit Manager or his
/her designee for further action.
Administrative action b 'City of Petaluma
City°of Petaluma staff wil;review all::reports:: by drivers or passengers relating to complaints of
conduct or behavior in violation of this Code. •
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Upon such review, City of:Petalumain its sole discretion-May
• Suspend.future;:riding privileges fora definite or indefinite period (refer to "Suspension of
Service",.below),
• Notify,appropriate`law`enforcementragency(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 letteror notification.
• Determine'that:no::further action is required•
Surveillance
To further the health, safety•and welfare ofdrivers 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 •
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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 haver occurred'prior to:the adoption of
this Code^shall•not be considered for purposes;of,the progressive penalties described herein. -
Penalties maybe increased if the:infraction is deenied'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 tomake a•decision:for suspension of service,which shall be final, subject'to
the individual's righfto appeal as describedibelew:
Dangerous ConductPresentingsa Serious Threat to PublicSafety
• In-the case of conduct which-is determined by Y the City'to present r a
a clear immediate threat
to the safety of Petaluma!Transit passengers and/or"operators and/oremployees, officers,
agents and/or volunteers'ofthe City of Petaluma, and/or which has resulted'in injury to the
violator;:or to Petaluma Transit;passengers and/or operators and/oremployees, officers, agents
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and/or volunteers.of the Citytof Petaluma,°the:City may immediately,and/or permanently
suspend transit servicessubject to the:individual's right to appeal as described below.
First Offense •
The first violation of this Code may resultin;a suspension of transit services fora 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 transitservices.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 oftransit services for a period ho longer'than one year.
Due Process — Appeal of-Suspension Action •
Users of Petaluma'Transit!or Paratransitmay appeal a suspension of service decision:either'in
writing or by contacting the;”Petaluma''Transit Managerin 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 Ifthe request is made in person, the
Petaluma Transit Manager may'''require theappellantto sigma written form requesting an appeal
hearing.
A."Transit SuspensiontAppeals,.Panel" is.establishedto considerall suspension appeals and
' render a final decision on a:suspension:
• Petaluma Transit'(Contractor) Operations General Manager, or designee
• City of'Petaluhla Directorof Public.Works4 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-totheidateof the Panel hearing. Appellant shall have
the right to•.appear at the:hearing andtmayrequestia continued,time or date acceptable to the
Panel. If the appellant requests review.of,an appeal upon submission ofwritten information
and/or documents, the'Panel'shall meet to c_onsiderthe written appeal. The Panel, after
considering the:appeal, may:
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• 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.appellanfs ability to use the service
The Panel shall notify the appellant in writing of its decision which shall be'final.
Remedy Not!Eicclusive
The City's adoption and enforcement of this,Code isnot an•exclusive,remedy for conduct
• affecting the Petaluma'Transit System arid does not3limit the City's:ability to resort to any
other judicial or administrative remedy=andorpenalty available under its Municipal Code,
or other applicable;local State-oriederal law.
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