Santa Maria Municipal Code Ch. 8-18 Rules of Conduct and Exclusion Process for Public Transit Systems

As used in this Chapter, the following definitions shall apply.

"City Transit Services"

means all bus and trolley transportation services provided by Santa Maria Area Transit ("SMAT"), The Breeze Bus, SMAT ADA Service, Clean Air Express, Guadalupe Flyer, RTA-Route 10, and the Downtown Trolley, as well as any other or additional public transportation service renamed or added by the City of Santa Maria after the enactment of this Chapter.

"Designated Staff"

means those Public Transit System employees and peace officers authorized by the Transit Services Manager to issue warning and exclusion notices to Transit Customers.

"Public Transit Systems"

means all City Transit Services, the Transit Center, SMAT business offices, and all bus and trolley stops and shelters.

"Transit Center"

means the entirety of the public facilities located at 400 Boone Street, Santa Maria, California, including, but not limited to, all bus bays, ticketing facilities, restrooms, and indoor/outdoor or sheltered seating and waiting areas and lawns.

"Transit Customer"

means any individual in possession of a current and valid pass or ticket evidencing payment of a fare to utilize City Transit Services, and who is present upon a Public Transit System property with a travel-related purpose.

"Transit Services Manager"

means the individual employed in such capacity by the City of Santa Maria, or his/her designee.

(Ord. 2016-13 § 1, eff. 7/7/16)

The Transit Center is engineered, designed, maintained and managed for the beneficial use of Transit Customers. Interior waiting rooms at the Transit Center are provided for Transit Customers; however, electrical outlets are for use by Public Transit System's staff only. Consumption of food and beverages is permitted at designated tables and chairs only when purchased from an on-site vendor approved by the Transit Services Manager. The rules provided in this Section 8-18.02 are in addition to, not in lieu of, the other Rules of Conduct provided in this Chapter 8-18.

(Ord. 2016-13 § 1, eff. 7/7/16)

Loud or unreasonable noises or other disturbances are prohibited, including but not limited to, fighting, noises caused by loud or disruptive voices or behavior, electronic devices, amplification systems or phones at all Public Transit Systems. For safety reasons, Transit Customers shall switch off or place in silent mode all electronic devices while City Transit Services are in transit.

(Ord. 2016-13 § 1, eff. 7/7/16)

Harassment of Public Transit Systems staff is prohibited.

(Ord. 2016-13 § 1, eff. 7/7/16)

Proper hygiene is required, including not offending others with unreasonable odors from the person's body or personal property. For sanitary reasons, Transit Customers must wear appropriate clothing at all times while utilizing Public Transit Systems, including shoes, shirt, pants and/or skirt.

(Ord. 2016-13 § 1, eff. 7/7/16)

Children under the age of 10 must be accompanied by a parent or guardian in and from all destinations while utilizing Public Transit Systems, unless other arrangements are agreed upon by the Transit Services Manager.

(Ord. 2016-13 § 1, eff. 7/7/16)

Persons shall not impede or interfere with the provision of transportation services; including but not limited to interfering or impeding movement by others, creating a hazard by the inappropriate placement of personal belongings in and about Public Transit Systems, failing to properly board, sit or alight, or disturbing the driver. Transit Customers shall not stand in step wells or in front of the white line while riding upon City Transit Services. Persons must adhere to all safety standards imposed and instructions given by Public Transit Systems staff and City employees.

(Ord. 2016-13 § 1, eff. 7/7/16)

Persons engaged in constitutionally protected speech, such as requesting signatures for petitions and other expressive activities, are not permitted to harass Transit Customers or Public Transit Systems' staff, or block access to any Public Transit System. Posting or affixing leaflets or signs on or at Public Transit Systems is prohibited.

(Ord. 2016-13 § 1, eff. 7/7/16)

Defacing, destroying or otherwise vandalizing Public Transit System's signs, notices or property of any kind is prohibited.

(Ord. 2016-13 § 1, eff. 7/7/16)

Failure to pay the appropriate fare, presentation of an invalid pass or transfer, failure to present a pass when requested by Public Transit Systems staff or City employee, or refusal to surrender a pass if demanded by Public Transit Systems staff or an authorized City employee is prohibited. Misrepresenting oneself as eligible for special or reduced fare or transfer is prohibited.

(Ord. 2016-13 § 1, eff. 7/7/16)

Unless otherwise authorized by the Transit Services Manager, soliciting, selling or offering for sale any goods, items or services within the Public Transit System is prohibited.

(Ord. 2016-13 § 1, eff. 7/7/16)

No eating or drinking is allowed in any Public Transit System, except in designated areas.

(Ord. 2016-13 § 1, eff. 7/7/16)

Unreasonable use of restrooms, including laundering and bathing, is prohibited.

(Ord. 2016-13 § 1, eff. 7/7/16)

Sleeping or loitering in and about Public Transit Systems is prohibited, included but not limited to sleeping or lying on the ground, seating and waiting areas, stops or shelters. Loitering is the act of an individual remaining in and about a Public Transit System for a period of time longer than reasonably necessary to transact the business an individual may have to transact with any common carrier using or occupying such Public Transit System. Evidence of loitering includes, but is not limited to, failure of an individual to possess a current and valid pass or ticket evidencing payment of a fare to utilize City Transit Services. Riding the same City Transit Service in excess of one continuous trip or interlined run is prohibited loitering.

(Ord. 2016-13 § 1, eff. 7/7/16)

Generally, no person shall bring an animal into any Public Transit System, except a disabled person with a Service Animal trained to assist the disabled person as defined by the Americans with Disabilities Act. Persons travelling with Emotional Support Animals ("ESA") must, upon request, produce a letter (i) from a licensed mental health professional (i.e., therapist, psychologist, or psychiatrist), (ii) on the physician's letterhead stating the person is under his/her care, (iii) is emotionally or psychiatrically disabled, and (iv) prescribes for the person an emotional support animal. All Service Animals and ESAs shall be leashed or harnessed at all times, except when performing work or tasks where same would interfere with the animal's ability to perform. If transporting an animal that does not qualify as a service animal or ESA, the animal must remain at all times within a secured travel kennel. This section does not apply to persons with animals briefly walking by or through the Transit Center, or a bus or trolley stop or shelter.

(Ord. 2016-13 § 1, eff. 7/7/16)

Smoking of any and all tobacco or tobacco-related products, including vaping, is prohibited within all Public Transit Systems.

(Ord. 2016-13 § 1, eff. 7/7/16)

Littering is prohibited within all Public Transit Systems.

(Ord. 2016-13 § 1, eff. 7/7/16)

For the safety of the pedestrian public, bicycling, roller skating, in-line skating, skateboarding, hover-boarding, and riding scooters of any kind is prohibited in Public Transit Systems, excepting disability-related mobility devices. Bicycles, boards, skates and scooters shall be stored during travel on City Transit Services in designated areas, and is done so at the Transit Customer's own risk. The City shall not be responsible for any loss or damage to such items stored during transportation.

(Ord. 2016-13 § 1, eff. 7/7/16)

Any person violating any provision of this Chapter, except Section 8-18.22, is guilty of an infraction, and upon conviction thereof is punishable in accordance with Chapter 1-6.

(Ord. 2016-13 § 1, eff. 7/7/16)

In addition, or as an alternative to, a criminal or administrative citation for a violation of this Chapter, individuals are subject to the Exclusion Process, as defined herein.

(a) Minor Violations – Issuance of Warning or Exclusion Notices.

(1) Warning Notice. Designated Staff may issue individuals a verbal warning for violation of the Rules of Conduct set forth in this Chapter; however, a verbal warning is not required and is provided only as a courtesy. Whether or not a verbal warning is given, Designated Staff may issue a written warning notice for a violation of the Rules of Conduct set forth in this Chapter. The warning notice may specify that the individual may not utilize Public Transit Systems for the remainder of the day. In the event a second violation of these Rules of Conduct occurs within 90 days of issuance of the warning notice, the individual may be subject to exclusion from the Public Transit System entirely, or the loss of some or all privileges as Designated Staff may deem appropriate. The warning or exclusion notice shall also provide information advising of the right to appeal to the Transit Services Manager pursuant to the provisions in Section 8-18.21. The individual to whom the warning notice is issued shall sign a written acknowledgment of its receipt. If the individual refuses to sign, Designated Staff shall make a written record of the refusal.

(2) Exclusion Notice. If an individual has received a warning notice and violates a Rule of Conduct within 90 days of the date of issuance of the warning notice, Designated Staff may issue a written exclusion notice excluding the individual from Public Transit Systems, or losing some or all of his/her privileges. If the individual is excluded from Public Transit Systems, the exclusion shall be for a period of no less than one month and no greater than 12 months. The exclusion notice shall specify the individual who is to be excluded, the period of the exclusion, the time the exclusion is to commence, any other privileges being lost and the specified period of loss, and information concerning the right to appeal the exclusion notice to the Transit Services Manager pursuant to the provisions of Section 8-18.21. The individual to whom the exclusion notice is issued shall sign a written acknowledgment of its receipt and allow his/her photograph to be taken. If the individual refuses to sign, or allow his/her photograph to be taken, Designated Staff shall make a written record of the refusal.

(b) Serious Violations – Issuance of Exclusion Notices.

(1) Warning Notice. A warning notice is not required for a serious violation of the Rules of Conduct set forth in this Chapter. To constitute a serious violation, the individual's behavior must be confrontational, threatening, violent, dysfunctional, harassing or rise to the level of a public nuisance. In addition, any criminal conduct as set forth within the California Penal Code, whether or not such conduct is also a specific violation of these Rules of Conduct, shall be a serious violation.

(2) Exclusion Notice. If an individual has committed a serious violation, Designated Staff shall issue a written exclusion notice excluding the person from the Public Transit System for up to 12 months, effective upon the issuance of the exclusion notice. The exclusion notice shall also include information concerning the right to appeal the exclusion notice to the Transit Services Manager pursuant to the provisions in Section 8-18.21. The individual to whom the exclusion notice is issued shall sign a written acknowledgment of its receipt and allow his/her photograph to be taken. If the individual refuses to sign, or allow his/her photograph to be taken, Designated Staff shall make a written record of the refusal.

(Ord. 2016-13 § 1, eff. 7/7/16)

(a) The individual to whom a warning or exclusion notice is issued shall have the right to appeal the notice.

(b) A notice of appeal of a warning or exclusion notice must be filed in writing with the Transit Services Manager within five calendar days of the issuance of the warning or exclusion notice. The notice of appeal shall state the following:

(1) The appellant's name;

(2) The appellant's address and a telephone number where he/she can be reached;

(3) A concise statement explaining why the appellant believes the issuance of the warning or exclusion notice was invalid or unjustified; and

(4) A copy of the warning or exclusion notice at issue.

(c) A hearing on the appeal shall be held within 15 calendar days following the filing of the appeal, except the Transit Services Manager may reasonably postpone the hearing date at the request of the appellant or Designated Staff issuing the notice for good cause. The appellant shall be provided notice of the hearing date, time, and location of the hearing at least five calendar days prior to the hearing date. The hearing shall afford a reasonable opportunity for the appellant to be present, and present evidence that the warning or exclusion notice is invalid or unjustified. The appellant shall have the right to cross-examine Public Transit System staff and witnesses. The decision of the Transit Services Manager shall be final and in writing.

(d) At the hearing, Designated Staff shall have the burden to show by a preponderance of evidence that the warning or exclusion notice was based upon, and is justified by, a violation of the Rules of Conduct set forth in this Chapter.

(e) Copies of all documents to be used by Designated Staff at the hearing shall be made available to the appellant at least five calendar days prior to the hearing.

(Ord. 2016-13 § 1, eff. 7/7/16)

Any person who violates a provision of an exclusion notice to stay away from Public Transit Systems during the exclusion period is guilty of a misdemeanor.

(Ord. 2016-13 § 1, eff. 7/7/16)