RULES OF CONDUCT

FOR KITSAP TRANSIT VEHICLES, FACILITIES, AND PROPERTIES

Adopted by the Kitsap Transit Board of Commissioners April 2, 1997

TABLE OF CONTENTS

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ARTICLE I -- INTRODUCTION 1

ARTICLE II -- DEFINITIONS 1

ARTICLE III -- REGULATION OF CONDUCT 4

A. PROHIBITED CONDUCT 4

B. ENFORCEMENT 8

1. Removal from KT Vehicles, Facilities, and Properties. 8

2. Exclusion from Service. 8

3. Other Laws not Limited 10

C. LIABILITY 10

ARTICLE IV -- PUBLIC COMMUNICATION ACTIVITIES:

KT VEHICLES, FACILITIES, AND PROPERTIES 11

A. PURPOSE AND SCOPE 11

1. Non-Open Public Forums. 11

2. KT's Legitimate Interests. 11

3. Purpose of Article IV. 12

4. Facilities Governed by Article IV. 12

B. REGULATION OF PUBLIC COMMUNICATION ACTIVITIES 12

1. Limitations. 12

C. GENERAL 13

1. Liability for Clean-up. 13

2. Liability of KT. 14

3. Non-KT Uses. 14

ARTICLE I -- INTRODUCTION

KT vehicles, facilities, and properties are intended to provide public transportation services for the benefit of KT employees and the general public. To maintain public transportation services that are orderly, safe, secure, comfortable and convenient, the following Rules of Conduct for Kitsap Transit Vehicles, Facilities and Properties (the "Rules of Conduct") have been adopted by the KT Board of Commissioners. The Rules of Conduct are intended to regulate conduct occurring on KT vehicles, within or upon KT facilities and properties, and in connection with KT's provision of public transportation services.

All KT vehicles, facilities, and properties to include transfer centers, bus shelters, park and ride lots, bus stops and all other areas within a one-thousand foot perimeter of these properties are designated as Drug-Free Zones.

The Rules of Conduct consist of five separate articles, which include the following: Article I -- Introduction; Article II -- Definitions; Article III -- Regulation of Conduct; Article IV -- Public Communication Activities: KT Transit Vehicles, Facilities and Properties; and Article V -- Public Communication Activities: The Bremerton Ferry Terminal. Unless otherwise provided herein, reference to the phrase "Rules of Conduct" shall collectively include Articles I through V.

If any one or more of the provision(s) in the Rules of Conduct shall be declared by any court of competent jurisdiction to be contrary to law, then such provision(s) shall be null and void and shall be deemed separable from the remaining provisions in the Rules of Conduct and shall in no way affect the validity of the other provisions of the Rules of Conduct.

ARTICLE II -- DEFINITIONS

As used in these Rules of Conduct, the words herein shall have the meanings provided in this Article II. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words imparting the singular number shall include the plural numbers and vice-versa, unless the context shall otherwise dictate.

1. "Bus shelters" shall mean those structures located in transit vehicle loading zones that provide cover for the general public to board and deboard transit vehicles.
2. "Commercial activity or activities" shall mean any enterprise or venture by groups or individuals for the purpose of promoting or selling products or services to KT employees or the general public, whether for profit or not.
3. "General public" shall mean any person or group of persons, including KT employees not acting in an official capacity at the time.
4. "News racks" shall mean any stand, box, structure, rack, or other device which is designed and used for the sale of and/or distribution of newspapers, periodicals, magazines, or other publications or combinations of the same. The placement of news racks within or upon KT facilities and properties shall be the subject of a separate KT policy not reprinted here.
5. "Park-and-ride lots" shall mean locations at which persons park their individual vehicles and transfer to a KT transit vehicle or car/vanpool vehicles, including all physical improvements and landscaping.
6. "Permit" shall mean a permit that gives a Permittee authority to conduct public communication activities in a manner consistent with applicable endorsements, rules and procedures in Article V herein.
7. "Permittee" shall mean the holder/signatory of a Permit issued in accordance with the rules and procedures in Article V herein.
8. "Person" shall mean any individual, firm, partnership, corporation, organization, association or entity of any kind.
9. "Public communication activity or activities" shall mean the posting or distributing of flyers, pamphlets, brochures, books or other written material, collecting petition signatures, political campaigning, demonstrating, displaying signs, picketing, unscheduled playing of musical instruments or other performances, public speaking, conducting surveys, soliciting or receiving of funds or contributions of any kind for any purpose, or otherwise communicating or attempting to communicate to the general public.
10. "Public transportation services" shall include the definition of public transportation services in RCW 36.57A.010(8), together with vanpools and fixed route and paratransit services, whether operated by KT or any governmental agency, private person, firm or corporation contracting with KT pursuant to chapter 36.57A. RCW.
11. "Rules of Conduct" shall mean the rules of conduct adopted by resolution by the Board of Commissioners of Kitsap Transit on April 2, 1997, which regulate conduct occurring on KT vehicles, within or upon KT facilities and properties, and in connection with KT's provision of public transportation services. Unless otherwise provided herein, such definition shall include, collectively, Articles I through V.
12. "KT" shall mean Kitsap Transit, a Washington municipal corporation and Public Transportation Benefit Area organized and operating under and by virtue of the laws of the State of Washington.
13. "KT employee" shall mean any part-time or full-time, temporary or regular, exempt or non-exempt, represented or non-represented person, including an intern or contracted party, who is compensated by KT for services by wages, salary, or other remuneration.
14. "KT facilities and properties" shall mean all facilities, structures, schedule and news racks, kiosks, bulletin and information boards, lands, interest in lands, air rights over lands, and rights of way of all kinds that are owned, leased, held, or used by KT for the purpose of providing public transportation services, including, but not limited to, park and ride lots, transit centers, bus shelters, public streets and sidewalks that are used by the general public to board and deboard transit vehicles. Unless otherwise provided herein, such definition shall include The Bremerton Ferry Terminal.
15. "Table Endorsement" shall mean a written endorsement that grants to a Permittee permission to use a table, chair, or other furniture (e.g., easels, risers, etc.) as part of their authorized activity, consistent with applicable rules and procedures in Article V herein.
16. "The Bremerton Ferry Terminal" shall mean the downtown transit center located at 151 1^st Street, Bremerton, WA 98337, the interior first floor and the adjacent exterior zones where the general public boards and deboards transit vehicles, Washington State or Horluck Ferry vessels. The interior is open for general public access/egress only when The Bremerton Ferry Terminal services are operating or for authorized post-service period events.
17. "Transit centers" shall mean locations where bus routes have a common terminus and facilities are provided to facilitate general public boarding and deboarding of transit vehicles, including all physical improvements and landscaping, except that such definition shall not include The Bremerton Ferry Terminal.
18. "Transit-related activities" shall mean activities associated with the provision or support of KT public transportation services, the utilization of those services by the general public, or KT sales, promotion and maintenance activities in support of KT public transportation services.
19. "Transit vehicle" shall mean a municipal transit vehicle defined in RCW 46.04.355.

ARTICLE III -- REGULATION OF CONDUCT

    A. PROHIBITED CONDUCT

The following conduct is prohibited on KT vehicles, within or upon KT facilities and properties, and in connection with KT's provision of public transportation services:

1. Discarding litter other than in designated receptacles;

2. Allowing any animal to run at large, to unreasonably disturb others, or interfere with transit-related activities;

3. Roller-skating, roller-blading or skateboarding;

4. Riding bicycles, unicycles, mopeds and motorcycles, except where vehicle travel and access is permitted;

5. Eating or drinking on KT vehicles or in prohibited areas of KT facilities and properties;

6. Missing scheduled paratransit trips by not showing and/or failing to cancel two trips, no later than two hours before the scheduled trip, during any 30 day period provided that, trips missed for reasons beyond his or her control shall not be a basis for determining that such a pattern or practice exists;

7. Operating, stopping, standing or parking a vehicle in any roadway or location restricted for use only by transit vehicles or otherwise restricted;

8. Extending an object or a portion of one’s body through the door or window of a transit vehicle while it is in motion;

9. Hanging or swinging on bars or stanchions, with feet off the floor, inside a transit vehicle or other transit property; hanging onto or otherwise attaching oneself at any time to the exterior of a transit vehicle or other transit property;

10. .Engaging in any sport or recreational activities on transit property;

11. .Parking a vehicle in an approved parking area on transit property for more than seventy-two (72) consecutive hours;

12. .Using a transit facility for residential or commercial parking purposes;

13. .Performing non-emergency repairs or cleaning of a vehicle on transit property;

14. .Conducting driver training on transit property;

15. .Failing to present a valid, un-expired pass, transfer or ticket or otherwise failing to pay the appropriate fare as established by the Board of Commissioners;

16. .Possessing an un-issued transfer or tendering an un-issued transfer as proof of fare payment;

17. .Bringing onto transit property odors which unreasonably disturb others or interfere with their use of the transit system, whether such odors arise from one’s person, clothes, articles, accompanying animal or any other source;

18. .Engaging in gambling or any game of chance for the winning of money or anything of value;

19. .Except at a designated place, smoking or carrying a lighted or smoldering pipe, cigar, or cigarette;

20. .Playing any radio, recorder, or other sound-producing equipment, except that nothing herein shall prohibit the use of such equipment when connected to earphones that limit the sound to individual listeners or the use of communication devices by KT employees, KT contractors or public safety officers in the line of duty, or the use of private communication devices used to summon or notify individuals (e.g., "beepers" or portable telephones);

21. .Spitting, urinating or defecating;

22. .Carrying any flammable liquid, explosive, acid, or other article or material likely to cause harm to others except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law;

23. .Intentionally obstructing or impeding the flow of KT vehicles or passenger traffic, hindering or preventing access to KT vehicles, facilities, and properties, or otherwise unlawfully interfering with the provision or use of public transportation services;

24. .Disturbing others by engaging in loud, raucous, unruly, harmful, or harassing behavior;

25. .Destroying, defacing, or otherwise damaging property of KT;

26. .Carrying any alcoholic beverages or controlled substances, unless otherwise authorized by law;

27. .Drinking an alcoholic beverage or possessing an open container of same; provided, however, possessing and drinking an alcoholic beverage is not prohibited if authorized as part of a scheduled special event for which all required permits have been obtained and when said facilities are not in use for transit purposes;

28. .Carrying, exhibiting, displaying, or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons, unless otherwise authorized by law (RCW 9.41.270);

29. .Manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance or who sells for profit any controlled substance or counterfeit substance on a KT vehicle or within one thousand feet of KT properties or facilities to include but not limited to; transfer center, bus shelter, bus stop, or park and ride lots;

30. .Entering a KT vehicle with live pets or other animals, with the exception of service animals, that are not in a suitable pet carrier;

31. .Entering a KT vehicle not wearing any type of footgear, with the exception of passengers using a wheelchair or similar device or children that are being carried;

32. .Using a public address system, loudspeaker or other sound amplifying device;

33. .Sleeping, camping or storing personal property on benches and floors on or within KT vehicles or KT facilities and properties, unless otherwise authorized by law;

34. .Entering or remaining upon any non-public areas of KT facilities and properties, including, but not limited to, staging areas, work areas and equipment rooms, except when authorized by KT or its designee;

35. .Engaging in commercial activities, except as such activities are authorized by KT or its designee in a written permit, license, concession contract, lease or other written authorization;

36. .Engaging in public communication activities, except as such activities are authorized by Articles IV and V herein;

37. .Engaging in any civic, cultural and other special event, not included in the definitions of commercial or public communication activities in Article II herein, except as such activities are authorized by KT or its designee in a written permit, license, concession contract, lease or other written authorization;

38. .Committing any act which tends to create or incite, or creates or incites, an immediate breach of peace, including, but not limited to (a) fighting, (b) racing, (c) obscene language and noisy or boisterous conduct tending to cause a breach of the peace, and (d) personally abusive epithets, or words or language of an offensive, disgusting or insulting nature, which epithets, words or language when addressed to the ordinary citizen are, as a matter of common knowledge, inherently likely to provoke a violent reaction of fear, anger or apprehension;

39. .Using of KT vehicles, facilities, and properties for non-transit-related activities, except as authorized by KT in Articles IV and V herein;

40. .Entering KT vehicles, facilities, and properties when lacking the ability, because of illness or intoxication, to care for one's self;

41. .Refusing to allow proper securing of a wheelchair on KT vehicles;

42. .Refusing to use appropriate personal restraints on a KT vehicle providing paratransit services;

43. .Dumping any materials whatsoever on transit property, including but not limited to chemicals and automotive fluids;

44. .Throwing an object at transit property or at any transit person in transit property;

45. .Falsely representing oneself as eligible for a special or reduced fare or obtaining any permit or pass related to the transit system by making a false representation;

46. .Falsely claiming to be a transit operator or other KT employee; or through words, actions, and/or the use of clothes, insignia, or equipment resembling department issued uniforms and equipment, creating a false impression that he or she is a transit operator or other transit employee;

47. .Violating an exclusion order issued pursuant to B.2. of Article III herein; and

48. .Violating any federal, state, or municipal civil and criminal laws.

    B. ENFORCEMENT

    1. Removal from KT Vehicles, Facilities, and Properties.

Any person engaging in prohibited conduct under the provisions of Article III may be refused entrance upon or ordered to leave KT vehicles, facilities and properties by a commissioned law enforcement official, KT personnel as authorized by the Executive Director of KT, or authorized personnel of a contracted service provider in accordance with the terms of the applicable service contract. Failure to immediately comply with such a removal order may be grounds for prosecution for criminal trespass and/or unlawful bus conduct.

    2. Exclusion from Service.

(a) Basis for Exclusion. Engaging in prohibited conduct under Article III shall be cause for excluding or restricting a person from entering and using all or any part of KT vehicles, facilities, and properties for a period of time not to exceed one year, unless otherwise authorized by law (RCW 69.50.435).

(b) Notice Procedure. KT shall give a person to be excluded from KT vehicles, facilities, and properties written notice, by personal delivery or by mailing a copy, by U.S. mail, return receipt requested, addressed to the person's last known address. The notice shall specify the reason for exclusion, identify the scope, duration, and effective date of the exclusion, and explain the appeal process.

(c) Constructive Notice. Receipt of a notice is construed to have occurred if the person knew or reasonably should have known from the circumstances that he/she is excluded from KT vehicles, facilities and properties. Receipt of a notice is also presumed to have been accomplished three (3) calendar days after the notice has been placed in the U.S. mail to the person’s last known mailing address.

(d) Immediate Refusal or Removal. A person may be immediately re-seated, refused transportation, or removed from KT vehicles, facilities, and properties without prior written notice if the person has engaged in prohibited conduct under Article III, Section A which, in KT’s discretion, poses a safety or security risk, interferes with or impinges on the rights of others, impedes the free flow of the general public, or impedes the orderly and efficient use of KT vehicles, facilities, and properties.

(e) Length of Exclusion. The following guidelines shall be used in determining the duration of a particular exclusion for engaging in prohibited conduct under the provisions of Article III. The actual exclusion period imposed may be shorter or longer depending on the circumstances of each case.

First Offense: up to 90 days

Second Offense: up to 180 days

Third Offense: up to 365 days

Each Subsequent Offense: up to 365 days

(f) Appeal Procedure. Not later than fifteen (15) calendar days after commencement of the exclusion, an excluded person may appeal in writing to the KT Director of Operations, or his/her designee, for de novo review of the exclusion. The appellant may request a hearing or may request review without a hearing based on a written statement setting forth the reasons why the appellant believes exclusion is invalid or improper. If the appellant is unable to respond in written format, KT will make reasonable accommodations.

(g) Hearing. If the appellant does not request a hearing, the Director of Operations, or his/her designee, shall render a written decision within five (5) business days after receipt of the appeal. If a hearing is requested, the hearing shall be held within thirty (30) calendar days after receipt of the appeal, and a written decision shall be rendered within ten (10) calendar days after the hearing. The exclusion shall remain in effect during the appeal process. If an appellant requires public transportation services to attend the hearing, the appellant shall contact KT five (5) business days prior to the hearing date, and KT shall make arrangements to provide the necessary public transportation services for the appellant.

(h) Missed Trips on Paratransit Vehicles. The appeal and hearing provisions in subsection (f) and (g) above shall not apply to exclusion based on a violation of Article III, Section A (30) concerning missed paratransit trips. The written notice of such violation provided in Article III, Section B(1)(b) shall provide the appellant an opportunity to appeal within thirty (30) days after notice of exclusion is received. The appeal process shall include an opportunity to be heard and to present information and arguments. The exclusion is stayed pending the outcome of the appeal.

(i) Refusal to Comply. The refusal to immediately comply with written or verbal notice excluding or restricting a person from KT vehicles, facilities, and properties shall be grounds for prosecution for criminal trespass RCW 9A.52.070.

3. Other Laws not Limited

The enforcement of Article III herein is not intended to limit, in any manner, the enforcement of any applicable federal, state or municipal laws.

   C. LIABILITY

Nothing in Article III herein shall create a duty to any person on the part of KT or form any basis for liability on the part of KT, its officers, agents or employees. The obligation to comply with Article III is solely that of any person entering and using KT vehicles, facilities, and properties and KT's enforcement of Article III is discretionary not mandatory.

ARTICLE IV -- PUBLIC COMMUNICATION ACTIVITIES:

KT TRANSIT VEHICLES, FACILITIES, AND PROPERTIES

    A. PURPOSE AND SCOPE

1. Non-Open Public Forums.

As a provider of public transportation services, KT makes a variety of transit vehicles, facilities and properties available to persons who use such public transportation services. Although these vehicles, facilities, and properties may be accessed by the general public, they are not open public forums either by nature or by designation. They are intended to be used solely for transit-related activities and provide little, if any, space for other non-transit-related activities.

2. KT's Legitimate Interests.

Most public communication activities are prohibited on KT vehicles and within or upon KT facilities and properties, regardless of viewpoint expressed, because they are incompatible with KT's legitimate interests, including but not limited to:

(a) securing the use of scarce parking spaces and shelter space for persons who are using public transportation services;

(b) maintaining safe, clean and secure transit vehicles, facilities and properties to retain existing, and attract new, users of public transportation services;

(c) reducing litter pick-up and other maintenance or administrative expenses so as to maximize the provision of public transportation services; and

(d) preventing delays and inconvenience to the general public by minimizing congestion, and expediting their boarding, transferring, and deboarding of KT vehicles.

3. Purpose of Article IV.

KT's intent and desire is to allow members of the general public to engage in public communication activities on KT vehicles and within or upon KT facilities and properties to the extent such activities are compatible with KT's legitimate proprietary functions and interests, but expressly does not hereby designate its vehicles, facilities and properties as public forums. It is the purpose of Article IV to describe the limited extent to which the general public is allowed to engage in public communication activities on KT vehicles and within or upon KT facilities and properties. Article IV does not apply to KT employees engaged in authorized activities in the course of their employment.

4. Facilities Governed by Article IV.

KT vehicles, facilities, and properties, as defined herein, except the Bremerton Ferry Terminal, are governed by Article IV. The Bremerton Ferry Terminal is governed by Article V herein.

    B. REGULATION OF PUBLIC COMMUNICATION

ACTIVITIES

1. Limitations.

Public communication activities which are otherwise lawful are permitted on KT vehicles and within or upon KT facilities and properties, subject to the following exceptions and limitations:

(a) Posting or affixing flyers, pamphlets, brochures, leaflets, written or graphic material of any kind is prohibited. However, posting of literature in accordance with KT regulations is permitted on kiosks or bulletin boards installed by KT for use by the general public.

(b) Selling or offering for sale or donation books, pamphlets, or any other written or printed material is prohibited.

(c) Soliciting or receiving funds is prohibited.

(d) Signs, banners, structures or other paraphernalia may not be affixed to or erected on KT vehicles and within or upon KT facilities and properties, except as authorized by KT or law.

(e) Signs carried by or on a person are permitted provided the signs are not constructed of a size or material which could inadvertently or intentionally cause injury to a person or property, except signs are not permitted on KT vehicles. Signs may not be of a size that obstructs the free flow of the general public and may not exceed 32 inches by 32 inches. A "sandwich board" sign may not extend beyond the carrier's shoulders.

(f) Public communication activities will not be permitted in parking areas or roadways. Public communication activities may not block any loading zone, signage, stairway, escalator, elevator, customer service counter, ticket or automatic teller machine, authorized commercial activity, any fire safety system component, telephone, information board or the normal general public paths to and from such areas.

(g) Public communication activities otherwise permitted under Article IV are prohibited if the number of persons engaged in the activities, their location or their manner of conducting the activities is found to create safety or security problems; interfere with the free flow of persons onto KT vehicles, or into, within or from KT facilities and properties; or interfere with the operation of such transit vehicles, facilities and properties, or KT's provision of public transportation services.

(h) Persons engaged in public communication activities within or upon KT facilities and properties shall not use any parking spaces provided at such facilities and properties unless they are also using KT's public transportation services.

(i) No person shall engage in public communication activities permitted under Article IV without obtaining a Permit in accordance with the rules and procedures set forth in Article V herein.

    C. GENERAL

1. Liability for Clean-up.

Any person engaged in public communication activities and found responsible for litter, damages or destruction of property, whether by accident or intent, shall be responsible for the clean-up and/or liable for the cost of repairing or replacing the property.

2. Liability of KT.

Nothing in Article IV or in the permission of public communication activities on KT vehicles and within or upon KT facilities and properties shall create a duty to any person on the part of KT or form any basis for liability on the part of KT, the members of the Board, its agents or employees. The obligation to comply with the requirements of Article IV is solely that of any persons engaging in public communication activities and KT's enforcement of Article IV is discretionary, not mandatory.

3. Non-KT Uses.

Notwithstanding the limitations and prohibitions contained in Article IV, KT reserves the right to enter into leases or other use agreements permitting non-KT uses of KT vehicles, facilities, and properties that are found to be compatible with KT's proprietary functions and interests.

Updated: May 2, 2004 Phone: (360) 373-2877 or 1-800-501-RIDE

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