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ORDINANCE NO. 9303

Published: Expires: 12/31/2000

ORDINANCE NO. 9303

BY COUNCILOR KEENAN:

AN ORDINANCE PERTAINING TO TRANSPORTATION ON DULUTH TRANSIT AUTHORITY BUSES; AUTHORIZING DRIVERS TO REFUSE TO TRANSPORT DISORDERLY PERSONS; AMENDING SECTION 34-7 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

The City of Duluth does ordain:

Section 1 That Section 34-7 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 34-7. Prohibited conduct on Duluth Transit Authority buses.

  1. No person shall, while a passenger on any vehicle seating 12 or more persons that is operated by the Duluth Transit Authority as a public conveyance, do any of the following acts:
    1. Smoke or possess any lighted or smoldering pipe, cigar or cigarette;
    2. Consume any beverage, food or alcohol;
    3. Intentionally deface damage, write upon or soil any part of such vehicle;
    4. Spit, urinate or defecate in or upon any part of such vehicle;
    5. Throw, deposit or place any paper, bottles, cans or any other garbage or solid waste in or upon any such vehicle;
    6. Throw any object of any kind within such vehicle or out any door or window of such vehicle;
    7. Play any radio, cassette or tape player, record player, or similar electronic sound amplification device unless it is played through an earphone so that it is totally inaudible to all other persons;
    8. Bring any pet or animal on to such vehicle other than a service animal accompanying a disabled person or an animal in a cage or held exclusively on the lap of the rider with a leash;
    9. Stand or remain in front of any white line marked on the forward end of the floor of any such vehicle after being asked to step back by the driver;
    10. Enter a bus through the rear door unless authorized to do so by the driver or other transit authority employee;
    11. Possess any high explosives or carry any corrosive acid or flammable liquid not in a sealed container;
    12. Intentionally interfere with the bus driver's operation of the vehicle
  2. The bus driver or other transit authority employee may refuse to transport or order off the vehicle any person violating the provisions of this Section or Section 34‑6, or any person who has violated the provisions of this Section or Section 34‑6 while riding a Duluth transit authority bus in the previous 12 month period;
  3. No person shall refuse to depart from a transit authority bus when ordered to do so by the bus driver or other transit authority employee;
  4. No person shall enter a transit authority bus when ordered not to do so by the bus driver or other transit authority employee;
  5. Any person aggrieved by being refused Duluth transit authority bus transportation pursuant to this Section may request a hearing before the executive director, or if none, the chief administrative officer of the Duluth transit authority. The request for hearing must be made in writing and must state the reasons the person requesting the hearing believes the service refusal was improper. At the hearing both the appellant and Duluth transit authority employees may present evidence and argument, examine and cross‑examine witnesses, and be represented by counsel at their option. After hearing all evidence and arguments, the executive director shall affirm or reverse the refusal of service and may grant any relief or impose any conditions on ridership deemed to be reasonable and appropriate.

Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication. (Effective Date: June 23, 1996)

Councilor Keenan moved passage of the ordinance and the same was adopted upon the following vote:
Yeas: Councilors Bohlmann, Hales, Hardesty, Hogg, Keenan, Rapaich, Talarico, Wheeler and President Prettner - 9

Nays: None - 0

Passed May 13, 1996

Approved May 13, 1996
GARY L. DOTY, Mayor

ATTEST:
JEFFERY J. COX, City Clerk

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