Fresno Municipal Code Art. 3 Transit Regulations

(a) The Director of Transportation ("Director") may make such rules and regulations, as are not inconsistent with the provisions of this article, and as may be necessary or desirable to aid in transit operations and in the administration or enforcement of the provisions of this article.

(b) All persons when upon any transit bus or on any portion of Department of Transportation property shall be governed by applicable laws, this article, and by rules and regulations of the Director.

(Added Ord. 78-173, § 1, eff. 12-22-78; Am. Ord. 2007-96, § 4, eff. 1-19-08).

(a) Each employee of the Department of Transportation is empowered, as a representative of the Director, to require compliance with the provisions of this article, in accordance with the written scope of his or her assigned duties.

(b) The Director shall have the responsibility to administer and enforce the provisions of this article. The Director shall have the authority to designate employees as enforcement officers in conformance with this article to assist in the enforcement responsibilities, including the issuance of administrative citations pursuant to Section 1-308 of this Code.

(Added Ord. 78-173, § 1, eff. 12-22-78; Am. Ord. 2007-96, § 4, eff. 1-19-08; Am. Ord. 2018-10, § 1, eff. 3-19-18).

The Council shall designate, in the Master Fee Resolution, the fees, fares, rates, penalties, and charges for services provided by the Department of Transportation.

(Added Ord. 78-173, § 1, eff. 12-22-78; Am. Ord. 80-115, § 12, eff. 8-8-80; Am. Ord. 2007-96, § 4, eff. 1-19-08; Am. Ord. 2018-10, § 2, eff. 3-19-18).

The Director, when required by law, shall, and otherwise may, establish and provide special transportation service in the community to meet the needs of any individual who, because of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, cannot use other forms of public transportation.

(Added Ord. 78-173, § 1, eff. 12-22-78; Am. Ord. 2007-96, § 4, eff. 1-19-08; Am. Ord. 2018-10, § 3, eff. 3-19-18).

In addition to other penalties provided by law, all persons shall abide by the following restrictions while on a transit bus and may be denied admittance thereto or removed therefrom, unless the following restrictions and conduct are initially and continuously met:

(a) No person shall smoke any cigarette, cigar, pipe, or other smoke emitting device or substance;

(b) No person shall transport any animals or pets, unless in a container, with the exception of service animals accompanying;

(c) No person shall play any portable radios, tape decks, noise makers or other noise producing or musical instruments;

(d) No person shall be disorderly, obnoxious, indecent, or commit any act of nuisance. The phrase "commit any act of nuisance" as used in this section shall include the intentional evacuation of the bowels or bladder at a place not provided for that purpose;

(e) No person shall engage in gambling or operate a gambling device in any form;

(f) No person shall dispose of garbage, papers, or refuse or other material, except in receptacles provided for that purpose;

(g) No person shall expectorate on the floors, walls, or other surfaces;

(h) No person except peace officers, duly authorized personnel of the United States Post Office, military security personnel, or members of the Armed Forces of the United States on official duty, shall carry any weapon, explosive, or inflammable material on any transit bus or transit property; except that cigars, cigarettes, pipe lighters, or other similar flame ignition devices or matches which are not operated or lit may be carried on any such transit bus or upon transit property. Upon completion of appropriate training and certification as required by the City, transit employees shall be allowed to carry Oleoresin Capsicum (commonly known as "pepper spray"), while operating a transit bus or while on transit property. For purposes of this subsection, Oleoresin Capsicum is considered a weapon;

(i) No person shall be admitted on a bus unless wearing shoes and a shirt; and

(j) No person shall evade the payment of a fare of any transit vehicle or system, which shall include:

(1) Entering an enclosed area of a transit facility beyond posted signs prohibiting entrance without obtaining valid fare;

(2) Entering a transit vehicle without valid fare;

(3) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare;

(4) Unauthorized use of a discount ticket; and

(5) Failure to present, upon request by a designated transit representative, or within 72 hours thereafter, acceptable proof of identification or eligibility to use a discount ticket.

(Added Ord. 78-173, § 1, eff. 12-22-78; Am. Ord. 81-106, § 4, eff. 9-25-81; Am. Ord. 2007-96, § 4, eff. 1-19-08; Am. Ord. 2011-6, § 4, eff. 4-10-11; Am. Ord. 2018-10, § 4, eff. 3-19-18).

(a) No person shall engage in any business or commercial activity of any nature whatsoever on transit property, except with the approval of, and under such terms and conditions as may be prescribed by, the Council.

(b) No person shall post, distribute, or display signs, advertisements, circulars, or any other printed or written matter on transit property except with the approval of the Director and in such manner as he or she may prescribe unless permitted by contract which has been approved by the Council.

(c) No political advertising matter or sign shall be displayed upon any bus or on transit property.

(d) No person shall take still, motion or sound pictures on public areas of transit property for commercial purposes without permission of the Director, except that duly authorized newspaper or television news media personnel may take pictures of newsworthy events for newspaper or television display only.

(Added Ord. 78-173, § 1, eff. 12-22-78; Am. Ord. 2007-96, § 4, eff. 1-19-08).

Lost or unclaimed property on transit buses or property shall be received, kept, sold, and disposed of as required in Chapter 4, Article 3 of this Code.

(Added Ord. 78-173, § 1, eff. 12-22-78; Am. Ord. 81-106, § 5, eff. 9-25-81; Am. Ord. 2007-96, § 4, eff. 1-19-08; Am. Ord. 2018-10, § 5, eff. 3-19-18).

(a) No person shall destroy, injure, deface, or disturb any part of a transit bus, building, sign, equipment, structure, shelter, bus bench, or other transit property;

(b) No person shall loiter on any transit bus, bus bench, shelter, or on transit property;

(c) No person shall knowingly or willfully make any false statement or report to the Director, Transit Manager, or any Supervisor or employee of transit;

(d) No person shall knowingly or willfully provide false identification to a peace officer, or other designated representative of the Director, when engaged in the enforcement of this article;

(e) No person shall enter any restricted transit areas posted as being closed to the general public, except as may be authorized by the Transit Manager;

(f) No person shall interfere or tamper with any transit bus, or put in motion such bus, or use any transit bus, part, instrument, or toll without the permission of the Transit Manager.

(Added Ord. 2008-36, § 1, eff. 7-20-08; Am. Ord. 2018-10, § 6, eff. 3-19-18; Am. Ord. 2018-10, § 6, eff. 3-19-18)

(a) Violation of subsection (j) of 5-305 of this article is punishable as follows:

(1) For a first violation. a civil penalty of $50 and/or eight hours of community service.

(2) For a second violation within a twelve month period, a civil penalty of $100 and/or sixteen hours of community service.

(3) For a third violation within a twelve month period, a civil penalty of $250 and/or forty hours of community service.

(4) A fourth or subsequent violation within a twelve month period, or failure to pay a fine or serve community service within sixty days of imposition of the penalty, may be prosecuted as a misdemeanor.

(b) Appeals. Any person receiving a citation for violation of subsection (j) of Section 5-305 shall have the right to appeal pursuant to Article 4, Chapter 1 of this code. Notwithstanding Section 1-408, the peace officer or designated representative of the Director who issued the administrative citation shall not be required to participate in the administrative hearing. In addition, the city shall not be required to produce any evidence other than the administrative citation. The administrative citation, in proper form, shall be prima facie evidence of the violation.

(Added Ord. 2018-10, § 7, eff. 3-19-18)

If any portion of this article is held to be invalid by any court of competent jurisdiction. such decision shall not affect the validity or effectiveness of the remaining portions of this article. The Council hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Added Ord. 2018-10, § 7, eff. 3-19-18)