National City Municipal Code Ch. 10.23 Public Transportation

The city council finds that it is necessary to enact regulations governing the conduct of patrons on board public transportation vehicles within the city. Regulation is necessary to ensure the safety and accommodation of all passengers and freedom from hazard or unnecessary noise, smoke or distraction.

(Ord. 2155 § 1 (part), 1999)

A. "Public transportation vehicle" is any vehicle (including a bus) owned by or operated under contract with the city of National City, the National City Transit, or any other public agency.

B. "Alcoholic beverage" as defined by Business and Professions Code Section 23004 means alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

C. "Revenue service" means the operation of a public transportation vehicle on a regularly scheduled fare-generating basis.

(Ord. 2155 § 1 (part), 1999)

It is unlawful and a misdemeanor to smoke or carry a lighted pipe, cigar or cigarette on board a public transportation vehicle.

(Ord. 2155 § 1 (part), 1999)

It is unlawful and a misdemeanor to consume an alcoholic beverage or to possess a container containing an alcoholic beverage, the seal of which has been broken or the contents partially removed, on board a public transportation vehicle.

(Ord. 2155 § 1 (part), 1999)

A. It is unlawful and an infraction to eat food or drink a nonalcoholic beverage while on board a public transportation vehicle.

B. This prohibition shall not apply when a public transportation vehicle is not in revenue service.

(Ord. 2155 § 1 (part), 1999)

A. Except as provided in subsection B of this section, it is unlawful and an infraction to play a radio, cassette or CD player or any similar electronic sound producing equipment on board a public transportation vehicle.

B. This prohibition shall not apply to equipment which is being operated and listened to by the operator through connection to a personal earphone, provided the emitted sound is not audible to any other person at a distance greater than six inches from any point of sound emission.

(Ord. 2155 § 1 (part), 1999)

A. It is unlawful and an infraction for an able-bodied patron of a public transportation vehicle, upon request of the driver or conductor, to fail to vacate a seat that is designated for and designed to accommodate a wheelchair or other disabled patron, when a patron requiring such accommodation has actually boarded a public transportation vehicle.

B. This section shall not be construed to create a duty upon the driver or conductor to require any patron to vacate the designated seat. The driver may refuse to operate the vehicle until the disabled patron is properly accommodated.

C. It shall be a defense to a violation of subsection A of this section that the violator was disabled within the meaning of the Americans with Disabilities Act, (Public Law 101-336, as codified in 42 U.S. Code Section 12101, et seq.)

(Ord. 2155 § 1 (part), 1999)

It is unlawful and a misdemeanor to knowingly introduce any toxic, volatile, combustible, explosive, pyrotechnic or hazardous materials or substance on board a public transportation vehicle.

(Ord. 2155 § 1 (part), 1999)