Home » 2016 Issues » January 27, 2016 » RGT-04-16-00002-P Identifies Prohibited Conduct, Consequences of Prohibited Conduct, and the Available Appeals Process
RGT-04-16-00002-P Identifies Prohibited Conduct, Consequences of Prohibited Conduct, and the Available Appeals Process
Identifies Prohibited Conduct, Consequences of Prohibited Conduct, and the Available Appeals Process
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of Part 2800 to Title 21 NYCRR.
Statutory authority:
Public Authorities Law, art. 5
Subject:
Identifies prohibited conduct, consequences of prohibited conduct, and the available appeals process.
Purpose:
To provide rules governing prohibited conduct to enhance the safety of the public using RGRTA's transportation services.
Substance of proposed rule (Full text is posted at the following State website:http://www.myrts.com):
§ 2800.1. Introduction
(a) RGRTA provides public transportation services for the benefit of RGRTA and its subsidiaries, its employees and the public. To maintain services that are orderly, safe, secure, comfortable, and convenient, the Rules of Conduct are intended to regulate conduct occurring on RGRTA transit vehicles, within or upon RGRTA facilities and properties, including the RTS Transit Center located at 60 St. Paul Street in Rochester, New York, and in connection with RGRTA’s provision of public transportation services. 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.
§ 2800.2. Definitions
(a) “Authority” and “RGRTA” each mean the Rochester Genesee Regional Transportation Authority and its wholly controlled subsidiaries (RTS, RTS Access, RTS Genesee, RTS Livingston, RTS Ontario, RTS Orleans, RTS Seneca, RTS Wayne, and RTS Wyoming).
(b) “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 RGRTA employees or the general public, whether for profit or not.
(c) “Harassment” shall mean when a person intentionally and repeatedly acts in such a way that places another person in reasonable fear of physical injury; or when a person, with intent to harass, annoy, or alarm another person does any of the following to another person: strike, shove, kick, or otherwise subject to physical contact, or attempt to or threaten to do the same, or follow a person about in a public place or places, or engage in a course of conduct or repeatedly commit acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
(d) “Loitering” shall mean remaining in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade, or commercial transactions involving the sale of merchandise or services, or for the purpose of entertaining persons.
(e) “Public communication activity or public activities” shall mean posting or distributing written material, collecting petition signatures, political campaigning, demonstrating, displaying signs, unscheduled performances, public speaking, conducting surveys, soliciting or receiving of funds or contributions, or otherwise communicating or attempting to communicate to the general public.
(f) “Public transportation services” shall include fixed route and paratransit services, whether operated by RGRTA or any governmental agency, private person, firm or corporation contracting with RGRTA.
(g) “RGRTA employee” shall mean any part-time or full-time, temporary or regular, exempt or non-exempt, represented or non-represented person, including an intern, who is compensated by RGRTA for services by wages, salary, or other remuneration.
(h) “RGRTA facilities and properties” shall mean all facilities, amenities, lands, interest in lands, air rights over lands, and rights of way of all kinds that are owned, leased, held, or used by RGRTA.
(i) “Transit-related activities” shall mean activities associated with the provision or support of RGRTA public transportation services, the use of those services by the general public, or RGRTA sales, promotion and maintenance activities in support of RGRTA services.
(j) “Transit Vehicle” shall include every motor vehicle, and any other device, which is capable of being moved within, upon, above, or below a public highway, that is owned or operated by RGRTA.
§ 2800.3. Prohibited Conduct
(a) Using any nicotine product, tobacco product, or smoking device except at a designated place.
(b) Any of the following: littering; or dumping any materials; or producing unreasonable noise; or disturbing others by engaging in raucous, unruly, aggressive, violent, or harmful behavior; or consuming or carrying an alcoholic beverage; or carrying or storing any firearm or other dangerous weapon or article; or engaging in any form of gambling.
(c) Expelling bodily fluid or human waste except in the appropriate areas of restroom facilities.
(d) Carrying hazardous material, especially flammable liquids or explosives.
(e) Hindering or seriously disrupting the provision or use of transit services.
(f) Tampering with fire and police apparatus or causing any false alarm of fire.
(g) Falsely reporting an incident.
(h) Destroying or damaging RGRTA property or any materials on transit property.
(i) Throwing any object at or within RGRTA transit vehicles, facilities, and properties; or at any person therein; or out of any door or window.
(j) Bringing any uncaged animal onboard or inside other than a service animal.
(k) Allowing any animal to unreasonably disturb others or interfere with transit-related activities.
(l) Roller-skating, roller-shoes, rollerblading, or skateboarding.
(m) Cycling except where public vehicle travel and access is permitted.
(n) Operating, stopping, standing, or parking a vehicle in any roadway or location restricted for use only by RGRTA transit vehicles or otherwise restricted.
(o) Eating in prohibited areas.
(p) Using a sound-amplifying device, except as authorized by RGRTA or its designee.
(q) Sitting or lying on floors, sidewalks, asphalt, or other ground covering; or lying on benches; or sleeping, camping, or storing personal property on benches and floors; or storing materials in front of doors.
(r) Entering any nonpublic areas without authorization from RGRTA personnel.
(s) Not wearing shoes and clothing.
(t) The following activities are all prohibited unless authorized by RGRTA: engaging in commercial or public communication activities; or engaging in any civic, cultural, and other special event; or affixing written or graphic material of any kind; or erecting material on the exterior or interior; or engaging in public activities involving sign or other similar apparatus of any kind; or engaging in any sport activity.
(u) Distributing, selling, or offering for sale or donation any written or printed material.
(v) Soliciting funds.
(w) Committing any act which tends to incite, or incites, an immediate breach of peace, including, but not limited to fighting, running, obscene language and boisterous conduct, personally abusive epithets, words or language of an offensive, disgusting or insulting nature, which are likely to provoke a violent reaction of fear, anger or apprehension.
(x) Engaging in sexual activity with oneself or others.
(y) Entering RGRTA transit vehicles, facilities, and properties while unable to care for oneself due to illness, intoxication, or medication(s).
(z) Misusing any component of RGRTA transit vehicles, facilities and properties in a manner that has the capacity to cause injury to oneself or others.
(aa) Failing to pay the appropriate fare or be in possession of the appropriate pass as required by RGRTA.
(bb) Falsely representing oneself as an RGRTA employee, or as eligible for a special fare, permit or pass related to the RGRTA transit system.
(cc) Refusing to allow proper securement of a wheelchair or mobility devices.
(dd) Tampering with RGRTA equipment.
(ee) Violating an exclusion order issued according to § 2008.4 Enforcement, or any federal, state, or municipal civil and criminal law.
(ff) Engaging in any harassment or loitering as defined in § 2008.2.
§ 2800.4. Enforcement
(a) Any person engaging in prohibited conduct may be refused entrance or ordered to leave by RGRTA personnel or designees; failure to comply may be grounds for arrest and prosecution.
(b) Engaging in prohibited conduct shall be cause for excluding a person from entering and using all or any part of RGRTA transit vehicles, facilities and properties for a period based on the number of violations in five years.
(c) The Chief Executive Officer, or designee, shall send written notice to the last known address of any person to be excluded. The notice shall specify the reason for exclusion, places and duration of the exclusion, the effective date of the exclusion, the appeal process, and provide the person an opportunity to respond within five business days of actual or constructive receipt of the notice. Exclusion starts on the sixth business day after actual or constructive receipt of the notice by the person being excluded. If the person timely requests an administrative review of the notice, the CEO, or designee, shall review the exclusion and render a written decision within five business days from the date of the person’s request, and send the decision to the person’s last known address. If the CEO deems the exclusion warranted, such exclusion is effective upon actual or constructive receipt of the written decision by the person to be excluded.
(d) Receipt of a notice is considered accomplished if the person reasonably should have known from the circumstances that he/she is excluded from RGRTA transit vehicles, facilities and properties. Receipt of a notice is also presumed accomplished three business days after the notice was sent.
(e) The notice procedure may be waived, if, in RGRTA’s discretion, immediate conditions exist that pose safety or security risks; or impinge on the rights of others; or otherwise interfere with or disrupt RGRTA’s transit related activities. In such immediate conditions, persons engaging in prohibited conduct may be reseated, refused transportation, or removed. The notice procedure shall not be available to a person immediately refused transportation or removed for any period less than 30 calendar days.
(f) Refusal to comply with the exclusion order shall be grounds for arrest and prosecution.
(g) The number of violations committed over a period of five years determines the duration of exclusion. The following are provided as guidelines: seven days exclusion for the first violation; 30 days exclusion for the second violation; 90 days exclusion for the third violation; and 180 days exclusion for each successive violation occurring in a five year period.
(h) The appeal process shall be provided to any person excluded for 30 days or more. Ten calendar days after the exclusion starts, an excluded person may appeal in writing to the CEO, or designee, for de novo review. The appellant may request a hearing or a review without a hearing based on a written statement setting forth the reasons why the exclusion is invalid or improper. If the excluded person is unable to respond in written format, RGRTA will make reasonable accommodation to allow due process. The CEO shall convene a Hearing Panel comprised of the Director of Transit Center and Field Operations or designee; Manager of Field Operations or designee; Director of RTS Bus Operations or designee; or a person selected from the RGRTA staff by the Chief Operating Officer or designee. The RGRTA staff person shall be a person other than the CEO. The majority decision shall be the decision of the Hearing Panel. The Hearing Panel shall hear the appeal or review the matter and render a written final decision within 20 calendar days after the receipt of the appeal.
(i) If a hearing is requested, the hearing shall be held within 20 calendar days after receipt of the appeal, and a written decision shall be rendered within 20 calendar days after the hearing. Exclusions continue during the appeal process. If an appellant requires public transportation services to attend the hearing, the appellant shall contact the CEO, or designee, five business days prior to the hearing date, and RGRTA shall provide the necessary public transportation services.
(j) The enforcement of § 2008.4 herein is not intended to limit, in any manner, the enforcement of any applicable federal, state or municipal laws, provided RGRTA is not authorized to assist a patron or employee in enforcing a court order prohibiting or restricting contact with any other person other than to notify appropriate law enforcement personnel via RGRTA’s Radio Control/Dispatch or Security.
(k) Nothing in § 2008.4 herein shall create a duty to any person on the part of RGRTA or form any basis for liability on the part of RGRTA, its officers, agents, or employees. The obligation to comply with § 2008.4 is solely that of any person entering and using RGRTA transit vehicles, facilities, and properties and RGRTA’s enforcement of § 2008.4 is discretionary not mandatory.
Text of proposed rule and any required statements and analyses may be obtained from:
Daniel DeLaus, General Counsel, Rochester-Genesee Regional Transportation Authority "RGRTA", 1372 East Main Street, Rochester NY 14609, (585) 654-0771, email: ddelaus@myrts.com
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority:
Public Authority Law Section 1299-hh 4 empowers RGRTA to promulgate rules governing the conduct and safety of the public in RGRTA facilities.
2. Legislative objectives:
The proposed RGRTA Rules of Conduct for Transit Vehicles, Facilities, and Properties will help RGRTA maintain order and safety at its facilities.
3. Needs and benefits:
In addition to helping RGRTA maintain order and safety in its facilities, the Rule will provide notice to members of the public regarding what conduct is allowed and not allowed in RGRTA facilities. RGRTA recently opened a Transit Center where thousands of customers arrive and transfer buses each day. RGRTA is obligated to do all it can to provide for order and safety in the Transit Center.
4. Costs:
The implementation of the Rule will not result in any additional costs to RGRTA or its customers as RGRTA already budgets for public safety. Promulgation of the RGRTA Rules of Conduct for Transit Vehicles, Facilities, and Properties will serve to provide more guidance to RGRTA personnel and customers.
5. Local government mandates:
The Rule will not impose any program, service, duty or responsibility upon any county, city, town, village, school district, fire district, or other special district.
6. Paperwork:
Promulgation of the Rule will not result in any reporting requirements for RGRTA that do not already exist. Currently RGRTA creates reports to document any violation of its RGRTA Rules of Conduct for Transit Vehicles, Facilities, and Properties.
7. Duplication:
While some conduct that constitutes a violation of RGRTA Rules of Conduct for Transit Vehicles, Facilities, and Properties might also constitute violations of the New York State Penal Law, this is not a conflict as it is entirely proper for a violator to be charged with both.
8. Alternatives:
There were no significant alternatives to be considered for the RGRTA Rules of Conduct for Transit Vehicles, Facilities, and Properties.
9. Federal standards:
The proposed Rule does not exceed any minimum standards of federal government for the same or similar subject areas.
10. Compliance schedule:
Compliance will be required as soon as the Rule is formally promulgated.
Regulatory Flexibility Analysis
The RGRTA Rules of Conduct for Transit Vehicles, Facilities, and Properties are not rules that impose any fee or cost upon users of the transit vehicles or facilities. Instead, they simply require persons to behave as is typically expected in public transit areas all across the country. RGRTA is not including a cure period in this rulemaking. The purpose of this regulation is to establish standards that will assist conduct and safety of the public in RGRTA facilities.
Rural Area Flexibility Analysis
RGRTA’s largest facility by far is its new Transit Center located in Downtown Rochester, New York. This is not a rural location but rather an urban one. While RGRTA has smaller facilities in some counties surrounding Rochester, they are not for use by the general public. While some RGRTA buses operate in rural areas, the rules will not result in any change to the fare structure for those routes.
Job Impact Statement
As the rule relates to a code of conduct for users of transit facilities, it is apparent from the nature of the rule that it will have no adverse effects on jobs or employment opportunities.
