Chapter 7.90
TRANSIT

Sections:

7.90.010    Transit center hours.

7.90.020    Transit fees.

7.90.030    Transit code of conduct.

7.90.040    Unlawful transit conduct.

7.90.050    Enforcement and appeal procedures.

7.90.060    Severability.

7.90.010 Transit center hours.

The city council of the city of Yakima takes notice and finds that the Yakima transit center located at the corner of East Walnut Street and 4th Street has been subject to ongoing vandalism; that such vandalism largely occurs during hours when the Yakima transit center is not being used for transit activities and that the occupancy and use of the transit center during hours when transit services are not available constitutes a public nuisance.

When conspicuously posted with signs warning against entry into or remaining in the Yakima transit center during prohibited hours, it is unlawful for any person to enter upon or remain at the Yakima transit center between the hours of seven p.m. and six a.m. of the following day unless the presence of such person during prohibited hours is authorized by the transit manager or his or her designee.

Violation of this section is a misdemeanor punishable by up to ninety days in jail and/or a fine of up to one thousand dollars. In addition the violator may be required to remain away from the Yakima transit center for a period of up to one year from the date of conviction. (Ord. 2005-41 § 1, 2005: Ord. 2003-16 § 1, 2003. Formerly 7.80.010).

7.90.020 Transit fees.

The transit division fare rates, effective March 8, 2013, are as follows:

A.    Adult Fare.

(1)    Except as provided in subsections (A)(2), B and C of this section, a fare of one dollar, referred to as an “adult fare,” shall be collected from each transit passenger for each trip taken on a transit bus, “trip” being defined for purposes of this chapter as the duration of a single transport from the point of a passenger entering the bus to the point of the passenger exiting the bus.

(2)    An adult holding a current and valid monthly adult pass issued by the city of Yakima transit division for a fee of twenty-five dollars per month shall be entitled to ride any Yakima city transit bus an unlimited number of times, and at any time, by exhibiting such pass to the bus driver.

B.    Youth Fare.

(1)    Except as provided in subsection (B)(2) of this section, a fare of seventy-five cents, referred to as a “youth fare,” shall be collected from each passenger who is between the ages of six and eighteen years of age for each trip taken on a transit bus. No fare shall be required for a passenger five years of age or younger when attended by another passenger who pays their appropriate fare. A youth fare shall be collected from each unattended passenger under six years of age.

(2)    A passenger holding a current and valid youth bus pass issued by the city of Yakima transit division for a fee of eighteen dollars per month shall be entitled to ride any Yakima city transit bus an unlimited number of times, and at any time, by exhibiting such pass to the bus driver.

C.    Reduced Fare.

(1)    “Reduced Fare” Defined. “Reduced fare” shall mean a fare available to a person who has in his/her possession a reduced fare ID card and meets the following requirements:

(a)    Is a person sixty-two years of age or older; or

(b)    Is a person with disabilities and a Medicare cardholder.

(2)    “Reduced Fare” Rates.

(a)    A fare of fifty cents shall be collected from each “reduced fare” bus passenger.

(b)    A passenger holding a current and valid “reduced fare bus pass” issued by the city of Yakima transit division for the fee of nine dollars per month shall be entitled to ride any Yakima city transit bus an unlimited number of times by exhibiting such pass to the bus driver.

D.    Dial-A-Ride Fare. A fare of two dollars, referred to as the “dial-a-ride fare,” shall be collected from each passenger who has been prequalified by the city as being eligible under the Americans with Disabilities Act for dial-a-ride transport. The dial-a-ride fare shall be required for each one-way trip made on the demand-responsive service provided by the city of Yakima and referred to as dial-a-ride, for qualified individuals with disabilities and subject to the following conditions:

(a)    The dial-a-ride fare will not be collected from an attendant accompanying a dial a-ride passenger who has been authorized and preapproved by the city as requiring a personal care attendant.

(b)    The dial-a-ride fare will be collected from each person six years of age or older who accompanies the disabled passenger, except as provided in subsection (D)(a) of this section, and in accord with the established dial-a-ride operating rules. (Ord. 2013-001 § 1, 2013: Ord. 2008-48 § 2, 2008).

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 one’s body or an object through a window of a transit vehicle.

4.    Extending a portion of one’s 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. (Ord. 2010-53 § 1, 2010).

7.90.040 Unlawful transit conduct.

RCW 9.91.025, entitled “Unlawful Transit Conduct,” and all future amendments are hereby adopted by reference. (Ord. 2010-46 § 1, 2010).

7.90.050 Enforcement and 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;

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 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.

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 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 calendar days following the 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 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 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 and/or by imprisonment in jail for not more than ninety 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 chapter is discretionary, not mandatory. (Ord. 2010-53 § 2, 2010).

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. (Ord. 2010-53 § 3, 2010).