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Ordinance Manual

UTAH TRANSIT AUTHORITY

AMENDED AND RESTATED ORDINANCES

Adopted November 29, 2012

 

Table of Contents

CHAPTER 1

Adoption, Definitions, Clarifications

Section 1              Adoption

Section 2              Definitions

Section 3              Clarifications and Interpretations

Section 4              Enforcement

 

CHAPTER 2

Regulations Governing Fare Payment

Section 1              Fare Payment

Section 2              Infractions

Section 3              Prohibited Conduct - Class I Infractions

Section 4              Prohibited Conduct – Class IA Infractions

 

CHAPTER 3

Regulations Governing UTA Parking Facilities and Boarding Zones

Section 1              Designated Parking Areas and Traffic Control

Section 2              Infractions

Section 3              Prohibited Conduct - Class II Infractions

Section 4              Prohibited Conduct – Class IIA Infractions

Section 5              Damage to and Theft of Property, Personal Injuries.

 

CHAPTER 4

Regulations Governing Transit Facilities

Section 1              Use of Transit Facilities

Section 2              Authorized Transit Uses

Section 3              Authorized Non-Transit Uses

Section 4              Unauthorized Commercial Activities

Section 5              Ordinance Compliance

Section 6              Infractions

 

CHAPTER 5

Regulations Governing Conduct on District Property

Section 1              Class III Infractions

Section 2              Class IV Infractions

Section 3              Class V Infractions

Section 4              Class VI Infractions

 

CHAPTER 6

Enforcement

Section 1              Assistance from Local Law Enforcement Officers

Section 2              Citations

Section 3              Arrest and Detention

Section 4              Removal of Offenders/Refusal of Service

Section 5              Towing

Section 6              Warnings

 

CHAPTER 7

Fines

Section 1              Fine Schedule

Section 2              Community Service in Lieu of Fines

Section 3              Due Process/Right to Protest

 

CHAPTER 8

Exclusion

Section 1              Grounds

Section 2              Notice

Section 3              Duration

Section 4              Appeal of Exclusion

Section 5              Application for Variance

Section 6              Trespass

 

CHAPTER 9

Protest, Appeal, and Judicial Review

Section 1              Right to Protest

Section 2              Right to Appeal

Section 3              Right to Judicial Review

 

 

CHAPTER 1

Adoption, Definitions, Clarifications

Section 1              Adoption

The Board of Trustees (“Board”) of Utah Transit Authority (“UTA”), a public transit district established pursuant to the Public Transit District Act, Utah Code Ann. § 17B-2a-801 et seq. (the “Act”), has determined that the orderly operation of UTA and the safety, comfort, and well-being of its passengers, employees, and the general public requires the adoption of rules and regulations.  Therefore, pursuant to Utah Code Ann.  §§ 17B-1-301 and 17B-2a-808, the Board hereby adopts the following safety, fare enforcement, and parking enforcement ordinance (“Ordinance”).  Any individual who violates this Ordinance may be subject to civil penalties, including fines, in addition to any applicable state or local criminal penalties.  This Ordinance shall remain in effect until amended or repealed and the General Counsel of UTA is hereby charged with codifying the Ordinance into a publishable format allowing for citation by reference to specific chapter and section numbers.  

Section 2              Definitions

A.            "Active Railroad Grade Crossing" means a railroad grade

crossing when: (a) the gate or barrier is closed or is being opened or closed; (b) warning lights are flashing; (c) audible warning devices are being sounded; or

(d) other traffic control devices signal the approach of a Transit Vehicle.

B.            “Authorized UTA Representative” means any UTA employee or agent who is authorized by job title, job description, specific assignment, or request of UTA to act pursuant to this Ordinance.

C.            “Board of Trustees” or “Board” means the governing body of UTA established pursuant to Utah Code Ann. §17B-2a-807. 

D.            “Boarding Zone” means any area used for the loading or unloading of passengers from a Transit Vehicle, including the reasonable geographic area immediately adjacent to such locations.

E.            “Electronic Fare Collection” or “EFC” means UTA’s system of fare payment when such fare payment is made via a unique electronic micro-chip embedded in an electronic fare card media, which may include a credit card or debit card, issued by a bank.

F.            “Fine Adjudicator” means the individual authorized by the Board to administer the citation and fine protest and appeal process set forth in this Ordinance. 

G.           “Fixed Guideway System” means a surface transportation facility, including a platform,  using and occupying a separate right-of-way or rail corridor, including by way of example, light rail, commuter rail, bus rapid transit or similar technology for surface transportation purposes.

H.            “General Counsel” means the General Counsel of UTA appointed by the Board.

I.             “General Manager” means the General Manager of UTA appointed by the Board.

J.             “Graffiti” means any form of unauthorized marking, including, but not limited to, printing, writing, drawing, spraying, scratching, inscribing, or affixing, on a Transit Vehicle or Transit Facility, regardless of the nature or content of the material(s) used in the commission of the act.

K.            “Hearing Officer” means the individual authorized by the Board to hear and decide appeals received by the Fine Adjudicator. 

L.             “High Speed Fixed Guideway System Right-of-Way” means a Fixed Guideway System Right-of-Way in which the operating speed of the Transit Vehicle is in excess of 30 miles per hour.

M.          “Infraction” means an offense designated as such pursuant to this Ordinance.  

N.           “Juvenile” means an individual under eighteen (18) years of age, unless such individual is legally emancipated.

O.           “Law Enforcement Officer” means a sworn and certified peace officer as defined by Utah Code Ann. § 53-13-103. 

P.            “Notice of Exclusion” means a Trespass Notice that may be referenced on a citation or other notice forwarded by an authorized UTA employee.

Q.           “Operator” means an individual authorized by job title, job description, specific assignment, or request of UTA to operate a Transit Vehicle.

R.            “Ordinance” means the Ordinance Manual, or any part thereof, adopted by the Board pursuant to Utah Code Ann. §§ 17B-1-301 and 17B-2a-808.

S.            “Person” means an individual, corporation, limited liability company, partnership, sole proprietorship, firm, association, or other legal entity. 

T.            “Platform” means the area within or adjacent to the Fixed Guideway System specifically designated for the access of passengers as they load and unload from the Transit Vehicle. 

U.           “Proof of Fare Payment” means a valid bus transfer, TRAX ticket, FrontRunner ticket or other fare media issued by UTA and used within the date and time designated on such transfer, ticket, or card.  “Proof of Fare Payment” also includes any valid annual, seasonal, monthly, Eco Pass, Ed Pass (when accompanied by school identification), Med Pass or other passes.  “Proof of Fare Payment” also includes in the context of UTA’s Electronic Fare Collection (“EFC”) a positive signal representing fare payment by an EFC reader device to scan a contactless credit or debit card or other EFC fare media, when in the use of a Transit Police Officer, or other Authorized UTA Representative to inspect fare payment.  

V.            “Proof of Parking Payment” means a valid hourly, daily, monthly or annual parking pass, receipt or other parking media issued by UTA and used within the date and time designated on such pass, receipt or other parking media.  Proof of Parking Payment also includes in the context of UTA’s Electronic Fare Collection, a positive signal representing parking payment by an EFC reader device to scan a contactless credit or debit card or other EFC fare media, when used by a Transit Police Officer or other authorized UTA representative to inspect parking payment. 

X.            “Railroad Grade Crossing” means an intersection of railroad tracks, roads, sidewalks, walkways or a combination of these at the same level. 

Y.            “Reasonable Area” means a geographic area within twenty (20) feet of a Transit Facility. 

Z.            “Right-of-Way” means the line rail tracks and immediately adjacent property owned, leased, or operated in whole or in part by UTA or any other right-of-way purchased, leased or operated by UTA for use in any Fixed Guideway System, and any area dedicated for use by light rail vehicles, as indicated by solid yellow lines or other markings or barriers in or along roadways. 

AA.         “Safety Zone” means the geographic area immediately adjacent to each side of UTA rail tracks, as delineated by:  i) rail crossing signals; ii) rail crossing arms; or iii) in the absence of rail crossing signals or rail crossing arms, at least fifteen (15) feet on each side of each outermost railroad track.

BB.         “Service Animal” means any animal trained to assist an individual with a disability.

CC.         “Transit Facility” means a Transit Vehicle, Fixed Guideway System, station, Boarding Zone, platform, passenger waiting area/shelter, intermodal center, depot, ticket office, information office, UTA Parking Facility, or other facility or property owned, leased, or operated in whole or in part by or on behalf of UTA for transit purposes.   

DD.         “Transit Police Officer” means a Law Enforcement Officer employed or contracted for by UTA pursuant to Utah Code Ann. § 17B-2a-822.   

EE.          “Transit Vehicle” means any vehicle operated by UTA for public transportation purposes, including, but not limited to, a passenger bus, motor coach, light rail or other Fixed Guideway System vehicle, or van. 

FF.          “UTA” means Utah Transit Authority, a public transit district established pursuant to the Public Transit District Act, Utah Code Ann. § 17B-2a-801 et seq.

GG.        “UTA Paid Parking Facility” means any parking lot or park-and-ride lot for which UTA charges a parking fee for use, including any adjoining walkways and facilities, owned, leased or operated in whole or in part by or on behalf of UTA for daily parking purposes. 

HH.         “UTA Parking Facility” means any parking lot, park-and-ride lot or UTA Paid Parking Facility, including any adjoining walkways and facilities, owned, leased, or operated in whole or in part by or on behalf of UTA for daily parking purposes. 

II.            “Weapon” means a firearm, knife, or any other object or item that can harm a person or property and which is used with the intent to threaten or cause harm to a person or property.  “Weapon” also includes any object that is a reasonable facsimile of any actual item listed above, such that a reasonable person could believe that the facsimile was the actual item. 

 

Section 3              Clarifications and Interpretations

A.            The use of the singular form of any word includes the plural and vice versa. 

B.            The use of the masculine gender (i.e. “he” or “his”) includes the feminine (i.e. “she” or “her”) and the neuter (i.e. “it” or “its”). 

C.            The use of the present tense includes the future tense.

D.            The words “shall” and “must” are to be construed as mandatory rather than discretionary.

E.            Reference to any chapter, section, or provision of this Ordinance includes any later amendments to that chapter, section, or provision, or any part(s) thereof. 

F.            This Ordinance does not apply to Transit Police Officers, Law Enforcement Officers, or UTA employees or agents, provided such individuals are acting within the course and scope of their employment.

G.           In adopting this and any subsequent Ordinance, the Board intends that, if any chapter, section, or provision, or any part(s) thereof, of this Ordinance is held unconstitutional or otherwise invalid, the remaining chapters, sections, and provisions shall remain in force unless:


i.              this Ordinance specifically provides otherwise;

ii.             the remaining chapters, sections, and provisions are so essentially and inseparably connected with and dependent upon the unconstitutional or invalid chapter, section, or provision that it is apparent that the remaining chapters, sections, and provisions are unintelligible in the absence of the unconstitutional or invalid chapter, section, or provision; or

iii.            in the sole discretion of the Board, the remaining chapters, sections, and provisions are incomplete and incapable of being executed in accordance with the Board’s intent.  

H.            Chapter, section, subsection, or other titles, headings, or explanatory notes do not constitute any part(s) of this Ordinance.

I.             The General Counsel shall codify all future ordinances of general public applicability into this Ordinance.  In codifying such future ordinances, no substantive changes shall be made to this Ordinance or any chapter, section, or provision, or any part(s) thereof, with the exception of renumbering, rearranging, and correcting clerical error, which the Board specifically authorizes the General Counsel to do.  The Board’s adoption of this Ordinance constitutes the primary legislative act, while any subsequent codification represents an authorized administrative function.  In the event of a substantive conflict between this Ordinance and its codified counterpart, this Ordinance itself shall control.  Finally, the Board intends that this Ordinance be liberally construed to effectuate its purpose(s) and the Board’s policies.  

J.             No chapter, section, or provision, or any part(s) thereof, of this Ordinance shall be construed to require UTA to refuse service to a disabled individual or to prohibit a disabled individual from traveling with a respirator or portable oxygen supply, provided such individual’s possession of such respirator or portable oxygen supply conforms to applicable Department of Transportation rules concerning the transport of hazardous materials.  

 

Section 4              Enforcement

A.            The transit police department, by and through its sworn officers, shall be responsible for preserving the public peace, preventing crime, detecting and arresting criminal offenders, protecting the rights of persons and property, regulating and controlling pedestrian traffic and providing and maintaining police records and communications systems.


CHAPTER 2

Regulations Governing Fare Payment

 

Section 1              Fare Payment

A person shall make a fare payment by depositing monies into a bus fare box, purchasing a ticket from a ticket vending machine, swiping an electronic fare card  or by possessing (and displaying upon request) valid Proof of Fare Payment. 

Section 2              Infractions

A person who violates any section, subsection, or provision of this chapter may be charged with a Class I or Class IA infraction. 

Section 3              Prohibited Conduct - Class I Infractions

No person shall:

A.            Occupy, ride or use any Transit Vehicle without paying the applicable fare or possessing valid Proof of Fare Payment.

B.            Enter or exit a Transit Vehicle that utilizes prepaid tickets or occupying a Rail Platform upon disembarking a Transit Vehicle without paying the applicable fare or possessing valid Proof of Fare Payment.

C.            Occupy a Platform without carrying valid Proof of Fare Payment, without proper authorization.

D.            Fail to exhibit Proof of Fare Payment upon request of a Transit Police Officer, Law Enforcement Officer or Authorized UTA Representative when occupying a Platform or occupying, riding or disembarking from a Transit Vehicle utilizing prepaid tickets.

E.            Fail to produce for inspection the credit, debit or electronic fare media card designated for fare payment upon the request of a Transit Police Officer, Law Enforcement Officer or Authorized UTA Representative when occupying a Platform, riding or disembarking from a Transit Vehicle utilizing operable electronic fare collection readers. When such credit, debit or electronic fare media card is produced for inspection and confirmed electronically by a Transit Police Officer or Authorized UTA Representative to have been used to for electronic fare payment purposes, the credit, debit or electronic fare media card shall be considered valid Proof of Fare Payment. 

 

Section 4              Prohibited Conduct – Class IA Infractions

                No person shall:

                A.            refuse or otherwise fail to comply with the request of a Transit Police Officer, Law Enforcement Officer, or Authorized UTA Representative to disembark or exit a Transit Vehicle or Transit Facility.

                B.            refuse or otherwise fail to comply with the request of a Transit Police Officer, Law Enforcement Officer, or Authorized UTA Representative to provide full, complete, and information and/or identification (including name, address and date of birth) or provide a false name, address or identification.


CHAPTER 3

Regulations Governing UTA Parking Facilities and Boarding Zones

 

Section 1              Designated Parking Areas and Traffic Control

                A)           Within each UTA Parking Facility, the General Manager shall designate, via the posting and maintenance of conspicuous signs, areas to be used for:

                                i.              parking for disabled individuals;

                                ii.             parking for short-term passenger loading/unloading;

                                iii.            bicycle parking;

                                iv.           carpool or rideshare parking;

                                v.            Boarding Zones and turnaround areas;

                                vi.           such other uses as the General Manager deems appropriate.

                B)            The General Manager may establish, conspicuously post, and maintain appropriate traffic control signals, devices, or signs as may, in UTA’s sole discretion, be deemed necessary to direct and regulate traffic in any UTA Parking Facility. 

 

Section 2              Infractions

                A person who violates any section, subsection, or provision of this chapter may be charged with a Class II or Class IIA infraction. 

 

Section 3              Prohibited Conduct - Class II Infractions

                No person shall:

                A.            park a non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Parking Facility in a manner contrary to any posted sign or restriction.

                B.            park a non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Parking Facility in a manner where such vehicle occupies more than one (1) designated parking space or extends beyond the parking space line(s) of one (1) designated parking space. 

                C.            park a non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Parking Facility for the purpose of exhibiting such vehicle for sale. 

                D.            park a non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Parking Facility in a manner where such vehicle blocks or restricts access to a Boarding Zone, access ramp, marked pedestrian walkway, or traffic lane.

                E.            unless otherwise directed by a Transit Police Officer, Law Enforcement Officer, or Authorized UTA Representative, disregard or otherwise fail to comply with any traffic control signal, device, sign, or other posted marker upon the premises of a UTA Parking Facility.

                F.            park a non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Parking Facility in a manner where such vehicle occupies a parking space(s) not designated for such use, including, but not limited to, parking for disabled individuals, parking for short-term passenger loading/unloading, bicycle parking, or carpool or rideshare parking. 

                G.           park a non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Paid Parking Facility without paying the applicable parking fee or possessing valid Proof of Parking Payment.

 

Section 4              Prohibited Conduct – Class IIA Infractions

                No person shall:

                A.            stop or park a non-Transit Vehicle or non-UTA vehicle in a Boarding Zone.

                B.            interfere or disrupt the loading or unloading of passengers or UTA employees in a Boarding Zone.

                C.            operate or board gas-powered devices,  go-carts, skateboards, scooters, or any other motorized or non-motorized vehicle, with the exception of bicycles,  not licensed to travel on public highways upon the premises of a UTA Parking Facility, with the exception of disabled individuals who require the use of mobility aids. 

                D.            operate a non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Parking Facility in a reckless or hazardous manner.

                E.            operate a Transit Vehicle, non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Parking Facility at a speed exceeding the speed limit posted in such UTA Parking Facility.

                F.            operate a non-Transit Vehicle or non-UTA vehicle upon the premises of a UTA Parking Facility in violation of any applicable Utah law.

 

Section 5              Damage to and Theft of Property, Personal Injuries. 

UTA shall not be responsible for damage to or theft of property or personal injury suffered on or about any UTA Parking Facility.  Appropriate signs shall so inform the public. 

 

CHAPTER 4

Regulations Governing Transit Facilities

 

Section 1              Use of Transit Facilities

                No person shall occupy or use any Transit Facility except as specifically authorized by this chapter. 

 

Section 2              Authorized Transit Uses

                A person may occupy or use a Transit Facility for the purpose of boarding, disembarking, or waiting for a Transit Vehicle, purchasing Proof of Fare Payment, obtaining customer service from a Transit Police Office, Law Enforcement Officer, or Authorized UTA Representative, transmitting information to a Transit Police Officer, Law Enforcement Officer, or Authorized UTA Representative, or undertaking other activities directly related to public transit.

 

Section 3              Authorized Non-Transit Uses

                A.            Except as expressly authorized by this section, no person shall engage in any “non-transit use” of a Transit Facility.  For purposes of this Ordinance, “non-transit use” is defined as any activity or undertaking not directly related to the use of a Transit Facility for public transit. 

                B.            Subject to the limitations in Subsections C and D below, UTA specifically permits the following non-transit activities to occur in any Transit Facility:

                                i.              public speaking;

                                ii.             distribution of non-commercial written materials;

                                iii.            artistic performances;

                                iv.           solicitation for political or religious organizations;

v.            solicitation for charitable organizations, provided such organizations are:  1) duly-registered as charitable organizations pursuant to Utah Code Ann. § 13-22-1 et seq., or 2) exempt from taxation pursuant to the United States Internal Revenue Code. 

                C.            The permitted non-transit activities referenced in subsection B above shall not be conducted in or upon a Transit Vehicle, Fixed Guideway System, Right-of-Way, or any other area not generally open to the public or not currently available for public use.  Additionally, the permitted non-transit activities referenced in subsection B above shall not be conducted in any location or manner which disrupts, impedes, or otherwise interferes with transit services, the movement of passengers or UTA employees, or public safety.

                D.            In conducting the permitted non-transit activities referenced in subsection B above, no person shall engage in any activity that disrupts, impedes, or otherwise interferes with any announcement, instruction, or request transmitted via UTA’s public address system, rail audio systems, or any Transit Police Officer, Law Enforcement Officer, or Authorized UTA Representative. 

 

Section 4              Unauthorized Commercial Activities

A.            Unless duly authorized by UTA, no person shall engage in any “commercial activity” in a Transit Facility.  For purposes of this Ordinance, “commercial activity” includes, but is not limited to:

advertising, displaying (including the use of news racks and kiosks), selling, leasing, offering to sell or lease, or distributing food, beverages, newspapers, entertainment (including the free distribution of promotional goods or materials), goods, or services.

B.            soliciting money or other forms of payment for food, beverages, newspapers, entertainment, goods, or services. 

 

Section 5              Ordinance Compliance

                In or upon a Transit Facility or Transit Vehicle, no person shall:

                A.            refuse or otherwise fail to comply with any lawful order, directive, or request of a Transit Police Officer, Law Enforcement Officer, or Authorized UTA Representative. 

                B.            refuse or otherwise fail to obey any instructions posted by UTA.

 

Section 6              Infractions

                A person who violates any section, subsection, or provision of this chapter may be charged with a Class III infraction. 

 

CHAPTER 5

Regulations Governing Conduct on District Property

 

Section 1              Class III Infractions

                A person who engages in any of the following prohibited conduct may be charged with a Class III Infraction.

                A.            Alcoholic Beverages, Tobacco, and Illegal Substances.  In or upon a Transit Facility or Transit Vehicle, no person shall:

i.              possess an open container containing an alcoholic beverage;

ii.             consume or otherwise ingest an alcoholic beverage;

iii.            smoke any product other than tobacco;

iv.           smoke tobacco, except at designated outdoor locations, in compliance with local, state and federal law.

In the sole discretion of the Operator or Authorized UTA Representative, any person reasonably believed to be under the influence of any alcoholic beverage, tobacco product, or illegal substance may be refused admittance to any Transit Facility or Transit Vehicle. 

                B.            Animals.  Other than a Service Animal, no person shall bring a live animal into or upon a Transit Facility or Transit Vehicle, unless such person receives permission from the Operator or Authorized UTA Representative to do so.  In the event such permission is granted, such animal must remain in an enclosed carry-on, not obstruct the movement of passengers or UTA employees within the Transit Facility or Transit Vehicle, and not create a nuisance or disturbance within the Transit Facility or Transit Vehicle. 

                C.            Bicycles.  The General Manager may promulgate administrative rules allowing the use of bicycles in Transit Facilities and the transport of bicycles on Transit Vehicles, and no person shall use or transport a bicycle in violation of these administrative rules. 

                D.            Elderly and Disabled Seating.  In or upon a Transit Facility or Transit Vehicle, no person shall, upon request of a Transit Police Officer, Law Enforcement Officer, or Authorized UTA Representative, fail to vacate seats reserved for persons qualified to receive senior discount transit fares or persons with disabilities.  In the event all such reserved seats in a Transit Facility or Transit Vehicle are occupied by senior and/or disabled persons, a Transit Police Officer, Law Enforcement Officer, or Authorized UTA Representative may designate additional reserved seating for such persons.

                E.            Feet on Seats.  In or upon a Transit Facility or Transit Vehicle, no person shall place their feet on the seats.

                F.            Food and Beverages.   No consumption of food or beverage is allowed on local service Transit Buses.  No person shall bring food or beverage aboard a local service Transit Bus that is not kept in a closed container.  This restriction does not preclude groceries being transported from a grocery store. 

                G.           Impersonation of Transit Police Officer, Law Enforcement Officer, or UTA Employee.  At no time shall any person falsely represent or hold themselves out as a Transit Police Officer, Law Enforcement Officer, or UTA Employee.    

                H.            Littering.  In or upon a Transit Facility or Transit Vehicle, no person shall, other than in a proper receptacle provided for that purpose, discard, deposit, or otherwise abandon any trash, rubbish, or debris.

                I.             Loitering.  In or upon a Transit Facility or Transit Vehicle, no person shall loiter 

 in a manner or under circumstances manifesting to a reasonable person an intent to engage in any act of criminal misconduct, including, but not limited to, solicitation, criminal mischief, indecent exposure, behavior that enables a criminal street gang to establish control over identifiable areas, to intimidate others from entering those areas or any other purpose prohibited by the Ordinances.

                J.             Obstructive Packages.  In or upon a Transit Facility or Transit Vehicle, no person shall bring into or carry aboard any package, object, or article of a size sufficient to block any aisle or stairway or obstruct any seat. 

                K.            Posting of Notices.  In or upon a Transit Facility or Transit Vehicle, no unauthorized person shall place, permit, or cause to be placed any notice or advertisement. 

                L.             Restroom Facilities.  In or upon a Transit Facility or Transit Vehicle, no person shall deface, destroy, litter in, apply graffiti to or in, or otherwise misuse any restroom facility. 

                M.          Prohibition on Crossing a Railroad Grade Crossing While Distracted.

i.              Definitions applicable to this subsection.

a.            “Handheld Wireless Communication Device” has the same meaning as defined in Section 41a-6a-1716 (1)(a)(i)and(ii).

b.            “Text messaging” has the same meaning as defined in section 41-6a-1716. 

ii.             No pedestrian shall be distracted while crossing a Railroad Grade Crossing. Examples behaviors displayed by a distracted pedestrian may include, without limitation: 

a.            using a Handheld Wireless Communication Device or other electronic device  while crossing a Railroad Grade Crossing;

b.            listening to a Handheld Wireless Communication Device or other electronic device with headphones or earbuds unless at least one ear is unencumbered by a headphone or earbud, while crossing a Railroad Grade Crossing;

c.             using a Handheld Wireless Communication Device for text messaging or electronic mail communication while crossing a Railroad Grade Crossing;

d.            attending to personal hygiene or grooming while crossing a Railroad Grade Crossing; or

e.            reviewing reading materials, such as magazines or newspapers while crossing a Railroad Grade Crossing.

 

 Section 2             Class IV Infractions

                A.            Breach of the Peace/Disorderly Conduct.  In or upon a Transit Facility or Transit Vehicle, no person shall breach the peace or threaten to breach the peace by:

                                i.              brandishing or discharging a firearm or other Weapon.

ii.             assaulting or threatening to assault another person, including assault with a Weapon.

iii.            igniting or threatening to ignite any flammable substance.

iv.           spitting, defecating, urinating, or discharging any other offensive substance.

v.            initiating or circulating a false report concerning an alleged or impending fire, explosion, bomb, crime, act of terrorism, catastrophe, or other emergency.

vi.           activating an “Emergency Stop” device on a Transit Vehicle in the absence of an emergency.

vii.          subjecting another person to offensive physical contact, touching, harassment (including verbal harassment), intimidation (including verbal intimidation), or extortion.

viii.         engaging in lewd or obscene behavior.

ix.           fighting or otherwise engaging in violent, threatening, or tumultuous behavior.

x.            making excessive and unnecessary noise.

xi.           using profane, obscene, vulgar, or abusive language, including using obscene gestures.

xii.          obstructing the free movement of passengers or UTA employees.

xiii.         interfering with the duties of an Operator, Authorized UTA Representative, Transit Police Officer, or Law Enforcement Officer.

                B.            Failure to Obey.  In or upon a Transit Facility or Transit Vehicle, no person shall refuse or otherwise fail to comply with any reasonable request or lawful directive issued by an Operator, Authorized UTA Representative, Transit Police Officer, or Law Enforcement Officer.   

                C.            Graffiti.  No person shall apply or affix Graffiti to any Transit Facility, Transit Vehicle, or other UTA property. 

                D.            Safety.  No person shall:

                                i.              extend any portion of their body through any door, window, or

                                                other opening of a Transit Vehicle while such Transit Vehicle is in

                                                motion.

                                ii.             hang on or in any manner attach themselves to any exterior part of a Transit Vehicle, regardless of whether such Transit Vehicle is in motion.

iii.            enter or exit a Bus with a stroller, baby carriage, or similar item unless such item is unoccupied and folded.  Further, strollers shall not obstruct the free movement of passengers and UTA employees in or upon a Transit Facility or Transit Vehicle.

iv.           enter or remain upon any fixed Guideway System Right-of-Way, with the exception of TRAX or FrontRunner Platforms and designated walkways to or from a TRAX or FrontRunner Platform or within a public right of way. 

v.            park or stop a non-Transit Vehicle or non-UTA vehicle on or within a Boarding Zone or Safety Zone.

vi.           operate or ride a bicycle, skateboard, scooter, roller skates, roller blades, or other personal travel devices in or upon a Transit Facility or Transit Vehicle.

vii.          drive or cause to be driven any non-Transit Vehicle or non-UTA vehicle, including, but not limited to, motorcycles, motor scooters, all-terrain vehicles, and off-road vehicles, to be driven on any Right-of-Way, unless such Right-of-Way is specifically designated as a Railroad Grade Crossing or other Fixed Guideway System crossing, so long as such crossing does not amount to a violation under Section 4. F.

viii.         travel by any mode, including, but not limited to, foot, bicycle, skateboard, scooter, roller skates, roller blades, and horse, on any Right-of-Way, unless such Right-of-Way is specifically designated as a “path” for that specific purpose.

ix.           place or cause to be placed any object on any portion of any Right-of-Way that could make contact with a Transit Vehicle or otherwise interfere with the safe and uninterrupted passage of a Transit Vehicle, not amounting to a violation under Section 4.F.

x.            knowingly throw, hurl, or otherwise discard an object at or from a Transit Facility or Transit Vehicle, including any person at such Transit Facility or on such Transit Vehicle.

                E.            Trespass.  In or upon a Transit Facility, Transit Vehicle, Right-of-Way or other UTA property, no person shall:

i.              enter or remain when notice against entering or remaining is provided by:  1) direct communication, or communication over a loudspeaker or public address system, to the person by an Operator, Authorized UTA Representative, Transit Police Officer, or Law Enforcement Officer; 2) fencing, barricade, or other barrier designed to exclude intruders; or 3) conspicuous posted signs.

ii.             enter or remain if the Transit Facility, Transit Vehicle, or other UTA property is closed to the public.

iii.            enter with intent to cause offense, injury, or threat of injury to any person, to cause property damage, to commit any crime or infraction, or with reckless disregard as to whether such person’s presence will cause a reasonable person to fear for their safety.

 

Section 3              Class V Infractions

 

                A.            Reckless Behavior/Arson.  In or upon a Transit Facility or Transit Vehicle, no person shall intentionally or recklessly cause damage, whether by behavior, burning, or otherwise, nor harm or threaten harm to any person.

                B.            Controlled Substances.  No person shall enter or remain in or upon a Transit Facility or Transit Vehicle while under the influence of a controlled substance, as defined in Utah Code Ann. § 58-37-2.  Additionally, no person shall ingest, smoke, inject, or inhale any controlled substance in or upon any Transit Facility or Transit Vehicle, unless prescribed by a physician or other qualified medical professional.

                C.            Property Destruction.  No person shall destroy, deface, mutilate, or otherwise damage a Transit Facility or Transit Vehicle, or any part thereof, including, but not limited to, any sign, signal, notice, or advertisement located in or upon a Transit Facility or Transit Vehicle or otherwise posted by UTA.

                D.            Inappropriate Use of Internet Services.  While in or upon a Transit Facility or Transit Vehicle, no person shall use, access, or otherwise utilize UTA’s Internet or electronic network services for the purpose of viewing, displaying, or accessing any “inappropriate websites.”  For purposes of this subsection, “inappropriate websites” include, but are not limited to, pornographic, adults-only, gambling, or gaming sites.  Additionally, any person who uses, access, or otherwise utilizes UTA’s Internet or electronic network services impliedly agrees, as a condition of such use, access, or utilization, that UTA is not liable or responsible for any lost data, interrupted connectivity, or breaches of confidentiality. 

                E.            Mischief/Tampering.  No person shall unlawfully tamper with a Transit Facility, Transit Vehicle, or any part thereof. 

                F.            Service Interference.  No person shall interfere with the provision of transit services or obstruct the flow of traffic in or upon a Transit Facility or Transit Vehicle, nor in any way interfere with the safe and efficient operation of a Transit Facility or Transit Vehicle.

                G.           Invalid Transfer, Ticket or Other Fare Medium.  Without proper authorization, no person shall possess an invalid transfer, ticket or other fare medium, nor shall any person tender a transfer, ticket as Proof of Fare Payment if such transfer or ticket was not furnished to that person by UTA or other fare medium is not authorized to be carried by that person by UTA.  Further, possession of an invalid transfer,  ticket or other fare medium by any person whose possession of such transfer or ticket is not within the course and scope of employment with UTA will constitute prima facie evidence that the transfer or ticket is stolen and/or unlawfully in possession of such person. 

                H.            Vandalism.  No person shall vandalize or attempt to vandalize a Transit Facility or Transit Vehicle, nor perform any act which causes or attempts to cause damage to a Transit Facility or Transit Vehicle. 

I.             Trespass in High Speed Fixed Guideway System Right-of-Way.  No person shall enter, or remain upon any High Speed Fixed Guideway System Right-of-Way, with the exception of TRAX or FrontRunner Platforms and designated walkways to or from a TRAX or FrontRunner Platform.     

J.             Trespass of Pedestrian in Active Railroad Grade Crossing. 

                1. A pedestrian may not pass through, around, over, under or remain on a crossing gate or barrier at an Active Railroad Grade Crossing.

                2. A pedestrian may not occupy or remain on a Railroad Grade Crossing, except to cross the Railroad Grade Crossing on a designated walkway to or from a TRAX or FrontRunner Platform.

                3. A pedestrian may not enter or remain in a Safety Zone at an Active Railroad Grade Crossing.

K.            Trespass of Vehicle in Active Grade Crossing.  No person shall cause a non-Transit or non-UTA Vehicle (whether the vehicle is occupied or not) to pass through, around, over, under or remain on a gate or barrier at an Active Railroad Grade Crossing.

 

Section 4              Class VI Infractions

 

                A person who commits any of the following offenses is guilty of a Class VI Infraction and may be subject to permanent exclusion from UTA’s entire system pursuant to Chapter 7 below. 

 

                A.            Assault on Transit Police Officer or Law Enforcement Officer.  Because the safety and well-being of Transit Police Officers and Law Enforcement Officer is crucial to the safety and well-being of all UTA passengers and employees, any person who commits an assault or battery, or attempts to commit an assault or battery, on a Transit Police Officer or Law Enforcement Officer may be permanently excluded and subject to immediate detention, arrest, and prosecution pursuant to Utah Code Ann. § 76-5-102.4.

B.            Placement/Detonation of Bomb, Projectile, or Explosive.  No person shall place, detonate, bomb, or explode, or attempt to place, detonate, bomb, or explode, any bomb, projectile, explosive, highly flammable substance, or other similar device in or upon a Transit Facility or Transit Vehicle.  As used in this subsection, a “bomb,” “projectile,” or “explosive” includes an actual bomb, projectile, explosive, or similar device, or a reasonable facsimile of any actual item listed above, such that a reasonable person could believe that the facsimile was the actual item. 

C.            Weapons.  No person shall display, brandish, or discharge a weapon in or upon a Transit Facility or Transit Vehicle.  In the absence of a valid permit to carry a concealed weapon, no person shall enter a Transit Facility or board a Transit Vehicle with such concealed weapon. 

D.            Illegal Control of Transit Vehicle.  No person shall, by force or threat of force, seize, commandeer, or exercise control over a Transit Vehicle, nor threaten, intimidate, or commit assault and battery against any Operator, Authorized UTA Representative, Transit Police Officer, or Law Enforcement Officer lawfully in control of a Transit Vehicle.

E.            Illegal Control of Transit Facility.  No person shall, by force or threat of force, seize, commandeer, or exercise control over a Transit Facility, nor threaten, intimidate, or commit assault and battery against any Operator, Authorized UTA Representative, Transit Police Officer, or Law Enforcement Officer lawfully in control of a Transit Facility.

F.            Trespass of Vehicle in Right of Way.  No person shall cause a non-Transit or non-UTA Vehicle (whether the vehicle is occupied or not) to pass through, around, over, under or remain on a Right of Way, in a manner that would cause a Transit Vehicle to make contact with the non-Transit or non-UTA Vehicle.  

G.           Miscellaneous.  Any person who commits a misdemeanor or felony offense, as defined under the Utah Code, in or upon a Transit Facility or Transit Vehicle, will be deemed to have committed an infraction pursuant to this section. 

 

CHAPTER 6

Enforcement

 

Section 1              Assistance from Local Law Enforcement Officers

 

                In enforcing this Ordinance, as well as enforcing state and local law, Transit Police Officers may seek assistance from, contact, and cooperate with local Law Enforcement Officers.

 

Section 2              Citations

 

                A Transit Police Officer or Authorized UTA Representative may issue a citation for any violation of this Ordinance that constitutes an Infraction, provided the issuing Transit Police Officer or Authorized UTA Representative has reasonable cause to believe that a violation has occurred.  

 

Section 3              Arrest and Detention

 

                A Transit Police Officer may arrest and detain any person who the arresting Transit Police Officer has reasonable cause to believe has committed any violation of this Ordinance constituting a Class III, IV, V, or VI Infraction, or has committed a misdemeanor or felony offense, as defined under the Utah Code.

 

Section 4              Removal of Offenders/Refusal of Service

 

                An Operator, Authorized UTA Representative, Transit Police Officer, or Law Enforcement Officer may refuse entrance into or require departure from a Transit Facility or Transit Vehicle of any person who violates any provision of this Ordinance, or who is reasonably believed to have committed a Class III, IV, V, or VI Infraction, regardless of such person’s presentation of Proof of Fare Payment.

 

Section 5              Towing

 

                Within or upon a UTA Parking Facility, Right-of-Way, Boarding Zone, Safety Zone, or Transit Facility, any non-Transit Vehicle or non-UTA vehicle parked, placed, or otherwise found to be in violation of this Ordinance may be towed and impounded at the registered owner’s sole expense.  Any fees for towing and/or impounding are in addition to, and not in lieu of, any fine imposed by UTA for such Infraction.

 

 

Section 6              Warnings

 

                In lieu of issuing a citation, a Transit Police Officer, in his or her sole discretion and in accordance with any applicable UTA protocols, may issue a verbal or written warning for any Infraction other than a Class V or Class VI Infraction. 

 

CHAPTER 7

 

Fines

 

Section 1              Fine Schedule

 

                In addition to any fines or penalties imposed by a court of competent jurisdiction and any other penalties imposed pursuant to this Ordinance, the following fines may be issued to any person who violates this Ordinance.  An offender shall receive notice of a fine via either issuance of a citation to the offender at the time of the violation or, alternatively, via mail or other similar correspondence.  Fines shall be payable in the form of cash or check made out to “Utah Transit Authority” and shall be directed to the Fine Adjudicator at the address designated on the citation. 

 

A.            Class I Infractions. 

 

i.              A first Class I Infraction shall result in a fine equal to two (2) times the cost of a regular monthly transit pass.

 

ii.             Any additional Class I Infraction shall result in a fine up to four (4) times the cost of a regular monthly transit pass.

 

B.            Class IA Infractions.

 

i.              A first Class IA Infraction shall result in a fine of not more than

$75.00.

 

ii.             Any additional Class IA Infraction shall result in a fine up to $150.00 per Infraction. 

 

C.            Class II Infractions.

 

i.              A first Class II Infraction shall result in a fine of not more than $50.00.

 

ii.             Any additional Class II Infraction shall result in a fine up to $150.00 per Infraction.

 

D.            Class IIA Infractions.

 

i.              A first Class II Infraction shall result in a fine of not more than $100.00.

 

ii.             Any additional Class IIA Infraction shall result in a fine up to $250.00 per Infraction.

 

E.            Class III Infractions.

 

i.              A first Class III Infraction shall result in a fine of not more than $50.00.

 

ii.             Any additional Class III Infraction shall result in a fine up to $100.00 per Infraction.

 

F.            Class IV Infractions.

 

i.              A first Class IV Infraction shall result in a fine of not more than $100.00.

 

ii.             Any additional Class IV Infraction shall result in a fine up to $200.00 per Infraction.

 

F.            Class V Infractions.

 

i.              A first Class V Infraction shall result in a fine of not more than $300.00.

 

ii.             Any additional Class V Infraction shall result in a fine up to $500.00 per Infraction.

 

G.           Class VI Infractions.

 

i.              A first Class VI Infraction shall result in a fine of not more than $750.00.

 

ii.             Any additional Class VI Infraction shall result in a fine up to $1,500.00 per Infraction.

 

Section 2              Community Service in Lieu of Fines

 

                In its sole discretion, UTA may allow an individual who receives a citation and fine to provide community service to UTA to work off the fine amount, with one (1) hour of community service reducing the fine amount by the applicable Federal minimum wage per hour.

 

Section 3              Due Process/Right to Protest

 

                A person cited and fined under this Ordinance has the right to protest and appeal pursuant to Chapter 8 below.  Similarly, UTA has the right to seek collection of any fine via any appropriate legal means and is not limited to the procedures set forth in this Ordinance. 

CHAPTER 8

Exclusion

 

Section 1              Grounds

 

                In addition to any penalties provided herein for violations of this Ordinance and any penalties provided under applicable state or local law, an Operator, Authorized UTA Representative, Transit Police Officer, or Law Enforcement Officer may issue a Notice of Exclusion to any person who violates any chapter, section, subsection, or other provision of this Ordinance, or who commits an offense classified as a misdemeanor or felony under applicable state or local law in or upon a Transit Facility or Transit Vehicle.

 

Section 2              Notice

 

                In the event a Notice of Exclusion is issued, UTA shall provide a written copy of such Notice of Exclusion to any person who has been excluded from all or any portion of UTA property, including, but not limited to, Transit Facilities or Transit Vehicles.  The written Notice of Exclusion shall specify the particular violation or reason for exclusion, all places or property from which the person is excluded, the duration of the exclusion, and the consequences for failure to comply with the Notice of Exclusion.

 

Section 3              Duration

 

                A Notice of Exclusion shall be effective immediately upon issuance and shall remain in effect until the exclusion expires, is terminated via the sole action of UTA, or is overruled on appeal.  Additionally, UTA specifically reserves the right to issue a Notice of Permanent Exclusion from all UTA property.   

 

Section 4              Appeal of Exclusion

 

                A person receiving a Notice of Exclusion, including a Notice of Permanent Exclusion, may protest, appeal, and seek judicial review pursuant to Chapter 9 below.

 

Section 5              Application for Variance

 

                At any time during the period of exclusion set forth in a Notice of Exclusion, a person who has received a Notice of Exclusion, including a Notice of Permanent Exclusion, may protest to the Fine Adjudicator, or his or her designee, for a variance pursuant to Chapter 8 below to allow such person to enter upon UTA property encompassed within the Notice of Exclusion.  In his or her sole discretion, the Fine Adjudicator, or his or her designee, may grant a variance if the person establishes a pressing need (i.e. employment, medical treatment, or similar good cause) to enter upon UTA property, including, but not limited to, Transit Facilities and Transit Vehicles.  In his or her sole discretion, the Fine Adjudicator, or his or her designee, may terminate a Notice of Exclusion or grant a variance if the excluded person demonstrates by clear and convincing evidence that he or she was wrongfully or unfairly excluded from UTA property.  In granting a variance, the Fine Adjudicator, or his or her sole designee, may include any additional conditions or requirements that the Fine Adjudicator determines may prevent the excluded person from committing future offenses.

 

Section 6              Trespass

 

                A person excluded pursuant to this chapter may not enter or remain upon any excluded property or area during the period of exclusion.  In the event an excluded person enters or remains upon such excluded property, such person shall be considered to be a trespasser and may be subject to arrest and prosecution for the crime of criminal trespass.  

CHAPTER 9

Protest, Appeal, and Judicial Review

 

Section 1              Right to Protest

 

                A person receiving a citation, fine, or Notice of Exclusion, including a Notice of Permanent Exclusion, may protest the citation, fine, or Notice of Exclusion to the Fine Adjudicator pursuant to the following requirement:

 

                A.            A protest may be filed in one of two ways: (1) by submitting a protest in writing to; or by appearing before the Fine Adjudicator.  A protest must be submitted (whether in writing or by appearance) at the address designated on the citation or Notice of Exclusion within thirty (30) calendar days of the date of issuance of the citation or Notice of Exclusion.  A protest must include:

 

 

i.              the full name and current mailing address of the person receiving the citation or Notice of Exclusion.

 

ii.             the citation number of Notice of Exclusion number and the date such citation or Notice of Exclusion was issued.

 

iii.            a detailed statement as to the grounds for the protest.

In the event, that a protest is filed by appearing before the Fine Adjudicator, the individual filing the protest must: (1) appear at the date, time and location indicated on the citation and (2) be prepared to provide to the Fine Adjudicator the items listed in Subsection A(i)-(iii).  A record must be kept of a protest by appearance.     

 

 

B.            In the event the Fine Adjudicator receives a valid protest, the Fine Adjudicator shall make a prompt determination, in writing, as to whether the citation or Notice of Exclusion shall be modified in any way.  The Fine Adjudicator, in his or her sole discretion, may waive or reduce a fine, modify a Notice of Exclusion, provide for a variance as detailed in Chapter 8, Section 5 above, provide for community service in lieu of payment of a fine, or impose a probationary period in lieu of exclusion.

 

Section 2              Right to Appeal

 

                In the event a protesting person receives an unfavorable decision from the Fine Adjudicator after following the procedures set forth in Section 1 above, the protesting person shall have the right to appeal the Fine Adjudicator’s decision by submitting a written appeal to the Fine Adjudicator.  Upon receiving a written appeal, the Fine Adjudicator shall forward all relevant materials to the Hearing Officer within thirty (30) days of the Fine Adjudicator’s receipt of the written appeal.  The Hearing Officer shall then promptly notify the protesting person of the date and time of the Hearing Officer review.  Following the Hearing Officer Review, the Hearing Officer shall promptly notify the protesting person in writing of his or her decision regarding the written appeal.

 

Section 3              Right to Judicial Review

 

In the event a protesting person receives an unfavorable decision from the Hearing Officer after following the procedures set forth in Sections 1 and 2 above, the protesting person may, to the extent permitted by law, challenge the decision by filing an action in a district court of competent jurisdiction.