HomeMy WebLinkAboutCC ORD 1999-2155 Adds Ch. 10.23, public transportation (10.23)ORDINANCE NO. 99- 2155
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 10 OF THE NATIONAL CITY
MUNICIPAL CODE BY ADDING CHAPTER 10.23
REGULATING PUBLIC TRANSPORTATION
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended as follows:
Section 1. That Title 10 is amended by adding Chapter 10.23 to Division III to
read as follows:
Chapter 10.23
Public Transportation
Sections:
10.23.010 Purpose and intent.
10.23.020 Definition.
10.23.030 Smoking prohibited on public transportation vehicles.
10.23.040 Consumption of alcoholic beverages --prohibited.
10.23.050 Consumption of food or beverages --prohibited.
10.23.060 Playing of radios and electronic sound producing equipment --regulated.
10.23.070 Accommodation of disabled patrons --regulated.
10.23.080 Introduction of toxic, volatile, combustible, explosive, pyrotechnic or
hazardous materials --prohibited
10.23.010 Purpose. The City Council finds that it is necessary to enact regulations
governing the conduct of patrons on board public transportation vehicles within the City of
National City. Regulation is necessary to ensure the safety and accommodation of all
passengers and freedom from hazard or unnecessary noise, smoke or distraction.
10.23.020 Definition. A. "Public transportation vehicle" is any vehicle (including
a bus) owned by or operated under contract with the City of National City, the National City
Transit, or any other public agency.
B. "Alcoholic beverage" as defined by Business and Professions Code Section 23004
means "alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, wine, or beer and which contains one-half of 1 percent or more of alcohol by volume
and which is fit for beverage purposes either alone or when diluted, mixed or combined with
other substances."
Ordinance No. 99- 2 155
Page Two
C. "Revenue service" means the operation of a public transportation vehicle on a
regularly scheduled fare generating basis.
10.23.030 Smoking prohibited on public transportation vehicles. It is unlawful and
a misdemeanor to smoke or carry a lighted pipe, cigar or cigarette on board a public
transportation vehicle.
10.23.040 Consumption of alcoholic beverages --prohibited. It is unlawful and a
misdemeanor to consume an alcoholic beverage or to possess a container containing an
alcoholic beverage, the seal of which has been broken or the contents partially removed, on
board a public transportation vehicle.
10.23.050 Consumption of food or beverage --prohibited. A. It is unlawful and an
infraction to eat food or drink a non-alcoholic beverage while on board a public transportation
vehicle.
B. This prohibition shall not apply when a public transportation vehicle is not in
revenue service.
10.23.060 Playing of radios and other electronic sound producing equipment --
regulated. A. Except as provided in Section 10.23.060B, it is unlawful and an infraction to
play a radio, cassette or CD player or any similar electronic sound producing equipment on
board a public transportation vehicle.
B. This prohibition shall not apply to equipment which is being operated and
listened to by the operator through connection to a personal earphone, provided the emitted
sound is not audible to any other person at a distance greater than six inches (6") from any
point of sound emission.
10.23.070 Accommodation of disabled patrons --regulated. A. It is unlawful and an
infraction for an able-bodied patron of a public transportation vehicle, upon request of the
driver or conductor, to fail to vacate a seat that is designated for and designed to accommodate
a wheelchair or other disabled patron, when a patron requiring such accommodation has
actually boarded a public transportation vehicle.
B. This section shall not be construed to create a duty upon the driver or conductor to
require any patron to vacate the designated seat. The driver may refuse to operate the vehicle
until the disabled patron is properly accommodated.
C. It shall be a defense to a violation of Section 10.23.070A that the violator was
disabled within the meaning of the Americans with Disabilities Act, (Public Law 101-336, as
codified in 42 U.S. Code Section 12101, et. seq.)
Ordinance No. 99- 2155
Page Three
10.23.080 Introduction of
hazardous materials --prohibited. It is
toxic, volatile, combustible, explosive,
a public transportation vehicle.
PASSED and ADOPTED this 9 th day of February
ATTEST:
/r
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
c:iorainanec5i19991
toxic, volatile, combustible, explosive, pyrotechnic or
unlawful and a misdemeanor to knowingly introduce any
pyrotechnic or hazardous materials or substance on board
, 1999.
George H. aters, Mayor
Passed and adopted by the Council of the City of National City, California, on February 9, 1999,
by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
City City f National City, California
i lerk of the
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
February 2, 1999, and on February 9, 1999.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 99-2155 of the City Council of the City of National City, passed and adopted
by the Council of said City on February 9, 1999.
City Clerk of the City of National City, California
By:
Deputy