CORVALLIS TRANSIT SYSTEM
CODE OF CONDUCT
AND
IMPLEMENTING PROCEDURES

Adopted
February 2006

Introduction and Purpose
Definitions
Regulations
Elderly and Disabled Seating
Shirt and Shoes
Repulsive Odors
Safety
Prohibited Activities
Disorderly Conduct
Weapons
Food and Beverages
Flammable Substances
Animals
Prohibited Baggage/Packages
Use of Passenger Shelters
Nonpayment of Fare
Exclusion


I. Introduction and Purpose

The following Code of Conduct and Implementing Procedures has been adopted for the Corvallis Transit System. The Code represents a consolidation of regulations, many of which are founded in City ordinances, State law, and/or City administrative rules. The Code and Implementing Procedures are adopted for the safety, convenience, and comfort of Corvallis Transit System passengers. These regulations should always be interpreted in a manner that best maintains the safe and efficient operation of the Corvallis Transit System.

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II. Definitions

As used in these regulations, unless the context requires otherwise:

“Corvallis Transit System” means the property, equipment and improvements of whatever nature owned, leased or controlled by the City to provide public transportation for passengers or to provide for movement of people, and includes any City transit vehicle and any City passenger shelter.

“City” means the City of Corvallis, Oregon.

“City transit vehicle” includes a bus, trolley, van or other vehicle used to transport passengers and owned or operated on behalf of the City.

“City passenger shelter or shelter” includes a structure provided along a transit route for the purpose of providing seating and/or protecting transit passengers from inclement weather and that publicly-owned area within three (3) feet of the structure.

“Emergency” means an on-board City transit vehicle fire, serious physical injury to person(s), or threat thereof, or any apparently urgent medical need.

“Peace officer” includes a sheriff, constable, marshall, municipal police officer, member of the Oregon State Police, and such other persons as may be designated by law.

Unreasonable Interference with the safe and efficient operation of the transit system includes any action by a person or persons which reduces the overall safety, timeliness, convenience or accessibility of drivers, vehicles or facilities of the transit system in a manner no reasonable person would allow.

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III. Regulations

1. Elderly and Disabled Seating. The aisle-facing benches at the front of buses are for the use of disabled and senior passengers. Non-qualifying passengers must vacate seating upon request of the transit operator or City employee.

2. Shirt and Shoes. All passengers (except infants who are held) must wear a shirt and shoes on City vehicles and in transit shelters.

3. Repulsive Odors. No person shall board or remain on a City vehicle or enter or remain in a transit shelter if the person or the person's clothing emanates a grossly repulsive odor that is unavoidable by other transit customers on the vehicle or in the shelter.

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4. Safety. No person shall:

(a) Interfere with the operation or movement of any City transit vehicle;
(b) In any manner hang onto or attach himself or herself onto any exterior part of a City transit vehicle at any time;
(c) Ride a skateboard or roller skates in a City transit vehicle or shelter;
(d) Knowingly throw an object or discharge a bow and arrow, air rifle, rifle, gun, revolver, or other firearm at or within a City transit vehicle or transit shelter, or at any person on a City transit vehicle or in any part of a transit shelter, except that a peace officer in the course of employment is exempt from this paragraph;
(e) Extend any portion of his or her body through any door or window of a City transit vehicle while it is in motion;
(f) Smoke tobacco or any other substance, or chew tobacco, or carry any burning or smoldering substance, in any form, aboard a City transit vehicle or in a transit shelter;
(g) Spit, defecate, or urinate in or upon any City transit vehicle or transit shelter;
(h) Activate the "Emergency Exit", “Emergency Stop”, or alarm device of a City transit vehicle in the absence of an emergency;
(i) Leave unattended a child under the age of 8 unless accompanied by a person 12 years or older;
(j) Talk to the driver while the bus is in operation, except for information facilitating their trip.

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5. No person shall:

(a) Engage in any activity prohibited by State or Municipal Criminal Law while on a City transit vehicle or in a transit shelter;
(b) Discard or deposit, other than into a trash receptacle provided for that purpose any rubbish, trash, debris, or offensive substance in or upon a City transit vehicle or shelter;

(c) Play tape recorders, radios, or other audio devices or music instruments on a City transit vehicle or in a shelter, except if the sound produced thereby is only audible through earphones to the person carrying the device;
(d) Canvass to collect money or sell or distribute anything, or solicit for any purpose, on any City transit vehicle or shelter, without written authorization of the City's transit manager or his or her designee. The transit manager, or designee, shall adopt regulations establishing reasonable time, place, and manner conditions for soliciting activities, and shall give written permission for activities complying with such regulations.
(e) Use or possess alcohol or illegal drugs on a City transit vehicle or in a shelter, except alcoholic beverages that have not been unsealed;
(f) Mutilate, deface or destroy any City property or sign, notice, or advertisement posted by the City or located on any City transit vehicle or any other public property;
(g) Place, permit or cause to be placed any notice or advertisement upon any City transit vehicle or on any shelter without first obtaining written permission of the transit manager or the manager's designee;
(h) Place his or her feet on seat of any City transit vehicle or in any seat in a shelter.
(i) Act in any manner not specifically set forth in these regulations which will unreasonably interfere with the safe and efficient operation of the Corvallis Transit System.

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6. Disorderly Conduct. No person shall, with the intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof:

(a) Engage in fighting or violent, tumultuous or threatening behavior within any City transit vehicle or shelter;
(b) Intentionally harass or annoy another person by subjecting such other person to offensive physical contact;
(c) Make unreasonable noise within any City transit vehicle or in any shelter; or
(d) Obstruct the free movement of passengers within any City transit vehicle or shelter; or
(e) Create a hazardous or physically offensive condition within a City transit vehicle or shelter by any act which the person is not licensed or legally entitled to do;
(f) Utter fighting words on a City transit vehicle or in a passenger shelter;
(g) Utter obscenities on a City transit vehicle or in a passenger shelter in the presence of a minor;
(h) Utter obscenities on a City transit vehicle when such language is reasonably likely to offend, annoy, or intimidate another passenger and which does offend, annoy, or intimidate another passenger.

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7. Weapons. No person, except a peace officer or person with a valid concealed weapon permit, shall bring into or carry aboard a City transit vehicle, or bring in to a shelter, any fire arm, knife (except a folding knife with a blade less than 3 ½ inches in length), any explosive device or material, or any other weapon.

8. Food and Beverages. No person shall bring aboard a City transit vehicle any food or beverage in open containers, and no person shall consume food or beverage while on a City transit vehicle. Paper cups and plastic cups with snap-on lids are not considered closed containers for the purpose of this regulation.

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9. Flammable Substances. No person shall bring aboard a City transit vehicle or take into a shelter:

(a) any flammable fuel containers; or
(b) any flammable liquid, except in a cigarette lighter.

10. Animals. No person shall bring or carry aboard a City transit vehicle or take into a shelter any animal not housed in an enclosed carrying container, except that a person with a disability who needs a service animal for assistance, or a person training a service animal may carry or bring aboard a service animal.

11. Prohibited Baggage/Packages.

(a) Carriages and Strollers. No person shall bring or carry aboard a City transit vehicle a carriage or stroller unless such item is folded and unoccupied. Strollers and carriages must remain folded while aboard the City transit vehicle.
(b) Large objects. No persons shall bring or carry aboard a City transit vehicle any package(s) or object(s) of a size that will block any aisle or stairway upon the vehicle.

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12. Use of a City Passenger Shelter. Unless the person has first obtained written exemption from the City's transit manager:

(a) No person shall occupy or use a City passenger shelter except for boarding, disembarking, or waiting for a City transit vehicle;
(b) No person occupying a City passenger shelter for the purpose of waiting to ride a City transit vehicle shall intentionally fail or refuse to take the next available bus to the person's destination;
(c) No person occupying a City passenger shelter for the purpose of waiting to greet passengers on any arriving City transit vehicle shall intentionally fail or refuse to leave the City transit shelter promptly after arrival of the City transit vehicle for which the person is waiting;
(d) No persons shall continuously occupy a City passenger shelter for a time exceeding two (2) hours;
(e) No person occupying a City passenger shelter shall fail to identify on demand of any City employee or peace officer the City transit vehicle for which the person is waiting;
(f) No person shall occupy a City passenger shelter in a manner which unreasonably interferes with the safe and efficient operation of the Corvallis Transit System.

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13. Non-payment of Fare; Misuse of Bus Pass or Group Pass.

(a) Non-payment of Fare. It shall be unlawful for any person to occupy, ride in or use, any City transit vehicle without paying the applicable fare.
(b) Misuse of Bus Pass. It shall be unlawful for a person to use or attempt to use a City bus pass to board or ride in a City transit vehicle unless the bus pass was lawfully acquired at an authorized City outlet by or on behalf of the person.
(c) Misuse of Group Pass. It shall be unlawful for a person to use or attempt to use a group pass identification card to board or ride a City transit vehicle unless:
    i) The identification card is a valid identification card, lawfully acquired from an authorized employer, organization, or school by or on behalf of the person; and
    ii) The person is then a member of the group to whom a valid group pass program is valid pursuant to a group pass agreement.

14. Confiscation of Misused Bus Pass or Group Fare ID Cards.

(a) Any City transit operator or any peace officer may confiscate a bus pass used or presented for use in violation of Subsection 13(b) of this Code and may confiscate a group pass ID card presented in violation of Subsection 13(c) of this Code.
(b) Confiscation of a group pass ID card shall be disposed of as follows:
    i) If the person from whom the card was confiscated was excluded from the City's transit system pursuant to Section IV of this Code, or was issued a citation pursuant to Corvallis City Code or State law, the card shall be returned or made available to the person promptly on conclusion of any appeal of exclusion or of any court proceeding involving the citation.
    ii) If the person from whom the card was confiscated was not excluded or issued a citation, the card shall be returned or made available to the person by the end of the seventh day following the date the card was confiscated.

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IV. Exclusion

(1) In addition to other measures provided for the violation of this Code or the laws of the City of Corvallis or State of Oregon, any peace officer, City transit operator, City's transit manager, and persons designated by the City's transit manager may exclude from all or any part of the City’s Transit System any person who violates any provision of these regulations for a period of time specified in regulations promulgated by the City’s transit manager.

(2) A person excluded under Section IV of this Code may not enter or remain upon any part of the City’s Transit System from which said person is excluded during the period of exclusion. An excluded person who enters or remains upon any part of the Corvallis Transit System from which the person has been excluded is a trespasser and may be arrested and prosecuted for the crime of Criminal Trespass in the Second Degree (ORS 164.245), or for violation of Section 5.03.090.060 of the Corvallis Code, or both. In addition, failure to abide by an exclusion notice shall constitute a further violation of this regulation for which the period of exclusion may be extended if so specified in regulations promulgated by the City’s transit manager.

(3)(a) Except as provided in (b) below, written notice signed by the issuing party shall be given to a person excluded from all or part of the Corvallis Transit System, which notice shall specify the reason for exclusion, places and duration of exclusion, and the consequences for failure to comply with the notice. Exclusion shall commence immediately upon delivery of the notice to the excluded person.
(b) A City transit vehicle operator may, without giving written notice of exclusion, direct a passenger to leave a City transit vehicle, or direct a prospective passenger not to board a City transit vehicle, if the passenger is in violation of any provision of these regulations. Such oral exclusion, without written notice of exclusion, shall be effective only for the route in progress at the time of the exclusion.
(c) A City transit vehicle operator or the City’s Transit Coordinator may exclude a passenger for unreasonably interfering with the operation of the transit system, but must, as soon as possible, but not later than the end of that working day, provide a written explanation of how the passenger was behaving and how the passenger’s action unreasonably interfered with the operation of the transit system. The written explanation will be filed with the Transit Coordinator, and a copy will be mailed to the passenger. If the passenger’s address is unknown, or if the passenger will not provide an address, then the written explanation will be filed with Transit Coordinator’s office.

(4) The City’s transit manager shall promulgate administrative regulations establishing the duration of exclusion, which shall be based upon the type of violation.

(5) Not later than ten (10) days after commencement of the exclusion, an excluded person may appeal in writing to the City’s transit manager, or the manager’s designee, for de novo review of the exclusion and may petition the City’s transit manager, or designee, to rescind the exclusion, alter the places of exclusion or reduce the duration of exclusion. An appeal shall contain a copy of the exclusion notice, if written; a request for a hearing or request for written review without a hearing; and a statement setting forth the reason that the exclusion is/was invalid or otherwise improper. The City’s transit manager, or designee, shall render a decision not later than ten (10) days after receipt of the appeal, unless the appellant requests a hearing.

(6) If, as part of the written appeal, the excluded person requests a hearing, a public hearing shall be conducted by the City’s transit manager, or designee, within ten (10) days after receipt of the appeal, and the City’s transit manager, or designee, shall render a decision within ten (10) days after the hearing.

(7) The order of the hearing shall be as follows: presentation of documentation and testimony supporting the exclusion, followed by presentation of documentation and testimony opposing the exclusion. The City’s transit manager or designee may question witnesses and review all documentation referred to by the witnesses. There shall be no continuance or reopening of the hearing. A tape recording shall be made of the hearing which shall be made available to the appellant upon the appellant paying the cost of producing the tape recording. If the appeal raises a dispute of fact, the burden of persuasion shall be on the excluded person.

(8) At any time during the exclusion, an excluded person may petition in writing to the City’s transit manager, or designee, for a temporary waiver of the exclusion.

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Updated ( Wednesday, 04/06/2011 )
Last updated: 3/1/2013 2:37:52 PM