Chapter14A.110 Prohibited Conduct


- Note

(Chapter added by Ordinance No. 185369, effective June 29, 2012.)


14A.110.005 Purpose.

The purpose of this Chapter is to ensure the safety and comfort of the public and to enhance the orderly administration of the Portland Streetcar,  by prohibiting conduct that unreasonably interferes with the administration and lawful use of the Portland Streetcar.  The purpose of this Chapter is not to punish any person for prior conduct, but, rather, to provide civil and non-punitive regulations the Council finds necessary to prevent nuisances and to protect the health, welfare and safety of the public using the Portland Streetcar.  Any violation of the provisions of this Chapter is punishable in accordance with Chapter 14A.110.


14A.110.010 Failure to Vacate Elderly and Disabled Priority Seating.

No person shall fail to vacate seats on a Portland Streetcar vehicle designated for use by individuals with disabilities and those qualified for an honored citizen fares, when requested to do so by a peace officer, Enforcement Agent, Portland Streetcar employee or other person designated by the Director of Transportation.


14A.110.020 Smoking Prohibited.

No person shall smoke tobacco or any other substance or shall carry any lighted or smoldering substance in any form aboard a Portland Streetcar vehicle, at a Portland Streetcar station or within any space where posted signage prohibits smoking.


14A.110.030 Food and Beverages.

No person shall bring or carry aboard a Portland Streetcar vehicle food or beverages in open containers, nor consume food aboard a Portland Streetcar vehicle.


14A.110.040 Sound-Emitting Devices Without Earphones.

No person unless authorized by the Director of Transportation or the Director’s  Designee shall operate a sound-emitting device aboard any Portland Streetcar vehicle at a Portland Streetcar station unless the only sound produced by such item is emitted by a personal listening attachment (earphone) and is plainly audible only to the person using the device producing the sound.


14A.110.050 Shopping Carts.

No person shall bring or carry a commercial shopping car aboard anyPortlandvehicle or to a Portland Streetcar Station.


14A.110.060 Animals.

No person shall bring or carry aboard a Portland Streetcar vehicle or be present at a Portland Streetcar station with an animal except:

 

A.  A person accompanied by a service animal or a person training a service animal and that service animal is  under the control of the person by leash, harness or other device made for the purpose of controlling the movement of an animal; or

 

B.  A person transporting an animal if:

 

1.  the animal is kept and held at all times within a secure container appropriate for carrying the size and type of animal; and

 

2.  the animal can be transported

 

a.  without risk of injury to the animal and without risk of harm or inconvenience to other riders or Portland Streetcar personnel, and

 

b.  in accordance with all other provisions of Chapters 14A.100 and 14A.110.

 

3.  A trained police dog accompanied by a police officer.


14A.110.070 Noxious Fumes or Foul Smelling Materials or Substances.

No person shall carry aboard a Portland Streetcar vehicle any substance or material emitting a foul smell or releasing noxious fumes.


14A.110.080 Oversize Packages.

No person shall bring or carry aboard a Portland Streetcar vehicle any package or article of a size which cannot be positioned in a way that allows entry and exit through doors and passage in aisles.


14A.110.090 Skateboards, Roller skates and In-Line Skates.

No person shall ride a skateboard, in-line skates or roller-skates at a streetcar station or upon a Portland Streetcar vehicle.


14A.110.100 Bicycles.

No person shall ride a bicycle on a Portland Streetcar vehicle or at a streetcar station unless authorized by the Director of Transportation.  No person shall transport a bicycle on a Portland Streetcar vehicle in violation of the Portland Streetcar administrative rules issued by the Director of Transportation or the Director’s designee.


14A.110.120 Motorized Human Transporters and other Two Wheeled Transportation Devices.

No person shall operate or ride upon a motorized human transporter or other two wheeled device upon a Portland Streetcar vehicle or station/platform except in accordance with administrative rules as issued by the Director of Transportation or the Director’s designee or otherwise permitted by law.


14A.110.130 Excessive Noise.

No person shall make excessive or unnecessary noise, including boisterous, disruptive and unreasonably loud conduct, within any Portland Streetcar vehicle or Portland Streetcar station that may cause inconvenience or annoyance to the public, Portland Streetcar personnel, designated Enforcement Agents or a police  officer, or with a negligent disregard to the risk thereof; or perform vocal or instrumental music, without the prior authorization the Director of Transportation or the Director’s designee.


14A.110.140 Display of Lights.

No person shall light a flashlight, scope light, or laser light or object that projects a flashing light or emits a beam of light while inside a Portland Streetcar vehicle except in an emergency.


14A.110.150 Use of Portland Streetcar System for Non Transit Purposes.

No person shall enter or remain upon, occupy or use a Portland Streetcar station for purposes other than boarding, disembarking or waiting for a Portland Streetcar vehicle, in an area where non-transit uses are prohibited by posted signage.  A person is in violation of this section only after having occupied a Portland Streetcar station for a period of time that exceeds that which is necessary to wait for, board or disembark a Portland Streetcar vehicle or other designated public transportation vehicle using a designated shared station.


14A.110.160 Destructive Conduct Involving a Portland Streetcar Vehicle.

No person shall interfere with the safe and efficient operation of a Portland Streetcar vehicle through conduct which includes, but is not limited to:

 

A.  Extend any portion of his or her body through any door or window of a Portland Streetcar vehicle while it is in motion;

 

B.  Attempt to board or de-board a moving Portland Streetcar vehicle;

 

C.  Lie down on the floor in a Portland Streetcar vehicle or across the seats of a Portland Streetcar vehicle or station in a manner which inhibits the proper use of seats provided for waiting or boarding riders;

 

D.  Unreasonably prevent or delay the closure of an exterior door on a Portland Streetcar vehicle;

 

E.  Strike or hit a Portland Streetcar vehicle, station or shelter; or

 

F.  Stop or cross in front of a Portland Streetcar vehicle for the purpose of stopping the vehicle or gaining passage after the vehicle has concluded boarding in any manner hang onto; or attach him or her to, any exterior part of a Portland Streetcar vehicle while the vehicle is resting or in motion.


14A.110.170 Refuse and Waste.

No person shall:

 

A.  discard or deposit or leave any  rubbish, trash, debris, offensive substance or other solid or liquid waste in or upon a  Portland Streetcar vehicle, or Portland Streetcar station, except in receptacles provided for that purpose; or

 

B.  spit, defecate or urinate in or upon a Portland Streetcar vehicle or Portland Streetcar station except in the confines of a lavatory where lavatories are available for public use.


14A.110.180 Destruction of Signs.

No person shall mutilate, deface or destroy any sign, notice or advertisement authorized by Portland Streetcar Staff or located on any Portland Streetcar  vehicle or any other Portland Streetcar property.


14A.110.190 Posting of Unauthorized Signs or Notices.

Except as otherwise authorized by the Director of Transportation, the Director’s Designee, or allowed by Portland Streetcar regulations, no person shall place, permit or cause to be placed any notice or sign upon any Portland Streetcar vehicle or Portland Streetcar station.


14A.110.200 Violation of Signage.

In addition to the prohibitions set forth in Chapter 14A.110, no person shall fail  to abide by specific directives authorized by a peace officer or Portland Streetcar staff and provided in the form of a fixed permanent or temporary sign posted in or upon the Portland Streetcar vehicles or station.  The Director of Transportation, or the Director’s designee, may establish and post such signage in a manner to provide sufficient notice concerning the conduct required or prohibited.  Any violation of the specific directives authorized by the Director of Transportation shall constitute a violation of this Subsection.


14A.110.210 Unlawful Gambling.

No person shall engage in illegal gambling, or solicit others to engage in illegal gambling, aboard any Portland Streetcar vehicle or in or upon a Portland Streetcar station, in violation of ORS 167.117 to 167.162


14A.110.220 Alcoholic Beverages.

No person shall:

 

A.  possess an open container of alcoholic beverage on a Portland Streetcar vehicle or at a Portland Streetcar station, unless authorized by the Director of Transportation, the Director’s Designee, or City of Portland permit; or

 

B.  be under the influence of alcohol or a controlled substance while on a Portland Streetcar vehicle or at a Portland Streetcar station.


14A.110.230 Sexual Activity.

No person shall engage in sexual conduct as defined under ORS 167.060, including, but not limited to, the physical manipulation or touching of a person’s sex organs through a person’s clothing in an act of apparent sexual stimulation or gratification.


14A.110.240 Damaging or Defacing Portland Streetcar Property.

No person shall draw graffiti or any other writing on any Portland Streetcar vehicle or Portland Streetcar property; or in any manner damage, destroy interfere with or obstruct in any manner, the property, services or facilities of the Portland Streetcar system.


14A.110.250 Misuse of Portland Streetcar Ticket Vending or Ticket Validating Equipment.

No person shall:

 

A.  Deface, injure, tamper with, break or destroy or impair  the usefulness of any Portland Streetcar Ticket Vending Machine or Ticket Validating machine; or

 

B.  Remove any coin box or the money content from any Portland Streetcar Ticket Vending Machine or Portland Streetcar property; or

 

C.  Open or remove the contents of same without lawful authority.


14A.110.260 Criminal Activity.

No person shall engage in activity prohibited by the criminal laws of any state, county or municipality in which the criminal incident occurs, while on a Portland Streetcar vehicle or at a Portland Streetcar station.


14A.110.270 Flammable Substances and Ignition Devices.

No person shall bring, possess or carry aboard onto a Portland Streetcar vehicle or to a Streetcar station any flammable or caustic substance or device that can cause a spark or flame, except for matches and cigarette lighters. No spark or flame may be lit or initiated at any time by any device on a Portland Streetcar vehicle, including matches and lighters.


14A.110.280 Weapons.

No person, except a peace officer or shall bring or carry aboard a Portland Streetcar vehicle or to a station any firearm, knife (except a folding knife with a blade less than 3 ½ inches in length) or any other instrument, article, device, material or substance specifically designed to inflict or cause bodily harm to another. Where possession of such weapons cannot be prohibited by law, a person in possession of a weapon may not display or carry the weapon in a manner which is likely to result in fear or alarm by other persons or Portland Streetcar employees.


14A.110.290 Discharge or Detonation of a Weapon.

No person may throw an object at or discharge a bow and arrow, air rifle, rifle gun, revolver or other firearm at a Portland Streetcar vehicle or any part of a Portland Streetcar station, or any person on a Portland Streetcar vehicle or at a Portland Streetcar station, except that a peace officer or other persons authorized this code or the Director of Transportation in the course of employment is exempt from this paragraph.


14A.110.300 Activation of the Emergency Stop Device Except in an Emergency.

No person shall activate the “emergency stop” device of a Portland Streetcar vehicle in the absence of an emergency.


14A.110.310 Interference with or Trespass on Portland Streetcar Trackway.

No person shall:

 

A.  Enter upon or remain upon the Portland Streetcar trackway so as to create a hazard to that person or interfere with the passage of the Portland Streetcar vehicle; or

 

B.  Stop or park a vehicle on the Portland Streetcar trackway in such a manner as to interfere with the passage of the Portland Streetcar vehicle; or

 

1.  Fail to obey a Portland Streetcar authorized posted directive or prohibition pertaining to entering, crossing or traveling upon the trackway; or

 

2.  Fail to obey a request by a peace officer, a Portland Streetcar enforcement agent, a Portland Streetcar Superintendent or Manager, or any other person authorized by the Director of Transportation to not enter, cross or travel upon the Portland Streetcar trackway.


14A.110.320 Hazardous and Toxic Material or Substances.

No person shall carry, possess or transport any hazardous material, toxic chemical, combustible liquid, biological contagion or agent, radioactive substance or any other inherently dangerous substance onto a Portland Streetcar vehicle or other Portland Streetcar property unless the person is a Portland Streetcar employee or a person authorized by the Director of Transportation and acting in the course of employment.


14A.110.330 Harassment and Intimidation.

While at a Portland Streetcar station, on a vehicle or on any streetcar property, no person shall engage in a course of conduct:

 

A.  Which places another person in reasonable fear of imminent physical harm, including, but not limited to, following such person around or about the vehicle or platform,  or by preventing or delaying the movement or departure of such person through coercion or intimidation; or

 

B.  that may reasonably be expected to result in fear, alarm or serious offense to other persons.


14A.110.340 Explosive Materials or Device.

No person may carry, possess or transport any explosive material or device, assembled or disassembled, onto a Portland Streetcar vehicle or other Portland Streetcar property,  or state a threat to cause disruption to Portland Streetcar operations through the use of a bomb, explosive, or any other destructive device or weapon, or release of any harmful substance, while on a Portland Streetcar vehicle or other Portland Streetcar property, or state a threat of physical harm to a any person on a Portland Streetcar vehicle,  or any peace officer, Portland Streetcar personnel, Fare Enforcement Agent or other person acting in the course of employment and authorized by the Director of Transportation.


14A.110.350 Interference with Emergency Response.

No person may impede the efforts of Portland Streetcar personnel, peace officers, persons authorized by the Director of Transportation or medical responders in the course of an emergency response, including the failure to obey a lawful order uttered in the course of an emergency by Portland Streetcar personnel, peace officers, Enforcement Agents, or other persons authorized by the Director of Transportation.


14A.110.360 Abandonment of Packages.

No person shall knowingly abandon an unauthorized package on a Portland Streetcar vehicle or Portland Streetcar station where the abandonment of such package is likely to cause

 

A.  suspicion or alarm about its contents; or

 

B.  require the dispatch of emergency response personnel to remove and inspect the package.


14A.110.370 Failure to Pay Fare.

A.  It is unlawful for any person to occupy, ride in or use, any Portland Streetcar vehicle without paying the applicable fare.

 

B.  It shall be unlawful for any person to occupy, ride in or use, any Portland Streetcar Vehicle without carrying proof of fare payment as defined in the Bureau of Transportation’s Administrative Rules.

 

C.  It shall be unlawful for any person occupying a Portland Streetcar Vehicle, or occupying a streetcar platform upon disembarking a streetcar vehicle, to fail to carry or to fail to exhibit proof of fare payment upon demand of an Inspector or a peace officer.

 

D.  It shall be unlawful for any person to fail to provide his or her name, address or identification to a Fare Inspector,  peace officer or any other person Designated by the Director of Transportation, who requests the information for the purpose of issuance or service of a citation.

 

E.  It shall be unlawful for any person, required by Chapter 14A.110 to provide his or her name, address or identification to provide a false name, address or identification.


14A.110.380 Possession of Un-validated Transfer.

A.  No person shall, without proper authority, possess an un-validated Portland Streetcar or TriMet District fare instrument nor shall any person tender a transfer as proof of fare payment if the transfer was not furnished to that person by a representative of the Portland Streetcar or TriMet District. 

 

B.  Possession of an un-validated Streetcar or TriMet District passenger transfer by any person whose possession of the transfer is not in the course and scope of employment as a Portland Streetcar or TriMet District employee shall be prima facie evidence that the transfer is stolen and possessed without proper authority.


14A.110.390 Administrative Rules.

The Director of Transportation may adopt such procedures and promulgate rules as may be necessary from time to time for the administration of Chapters 14A.100 and 14A.110.


14A.110.400 Exclusion.

In addition to other measures provided for violation of the laws of the City of Portland or the laws of the State of Oregon, the City may exclude an individual from all or any part of the Portland Streetcar Transit System for a violation of any provision of Chapter 14A.110 or a violation of any criminal law of the City of Portland or State of Oregon while on the Portland Streetcar System, for a period of time not to exceed 180 days. 

 

A.  A person excluded under Chapter 14A.110 may not during the period of exclusion, enter or remain upon any part of the Portland Streetcar Transit System. Exclusion takes effect on the 5th business day following service of a Notice of Exclusion unless the person initiates the administrative review described in Subsection 14A.110.400 D.  Except as specifically authorized by the terms of a qualified exclusion issued pursuant to Subsection 14A.110.400 K., an excluded person who enters or remains upon any part of the Portland Streetcar Transit System may be charged with the crime of Interfering with Public Transportation (ORS 166.116) or the crime of Criminal Trespass in the Second Degree (ORS 164.245).

 

B.  A Notice of Exclusion may be issued by a peace officer or by any person authorized by the Director of Transportation or the Director’s Designee based upon probable cause to believe that an individual has engaged in conduct in violation of the laws of the City ofPortlandor the State ofOregonwhile on the Portland Streetcar System.

 

C.  A Notice of Exclusion shall include:

 

1.  The title or citation of the offense for which the exclusion is issued;

 

2.  An explanation of the administrative review procedures and timeline, a description of the Code Hearings process, and an explanation of the evidentiary burdens; and,

 

3.  A statement of the duration of the exclusion, or alternatively, a statement of the mechanism by which the duration of the exclusion may be determined in accordance with Section 14A.110.400.

 

D.  Every person who receives a Notice of Exclusion shall be entitled to an administrative review by the Director of Transportation or the Director’s Designee.  To initiate an administrative review, a person who receives a Notice of Exclusion must submit a request for review within 5 business days of the date of the Notice at the Bureau of Transportation office indicated in the Notice.   The Portland Bureau of Transportation shall have 7 business days to perform the administrative review.  All exclusions shall be subject to a stay pending administrative review.  The purpose of the administrative review shall be to determine whether a Notice of Exclusion conforms to the administrative rules promulgated by the Director of Transportation.  If the Director of Transportation or the Director’s Designee determines, after conducting an administrative review, that the Notice of Exclusion does not conform to Portland Streetcar administrative rules, the Director of Transportation or the Director’s Designee shall notify the individual that the Notice of Exclusion is invalid and withdrawn by contacting the individual at the address they submitted with the review.  If the administrative review confirms that a Notice of Exclusion was issued in conformity with Portland City Code and Portland Streetcar administrative rules, it shall be deemed valid and the individual shall be notified at the address submitted with the appeal.  If the exclusion is deemed valid the exclusion shall take effect and begin on the 12th business day following the date in which the Notice of Exclusion was issued or 2 business days following mailing or transmission of the decision, whichever is later.  If a person does not provide a mailing or electronic address, an upheld exclusion becomes effective 2 business days after the decision is posted at the Portland Bureau of Transportation office indicated in the notice.

 

E.  A person wishing to appeal the result of an administrative review may do so by filing an appeal as provided in Section 22.10.030 within 10 calendar days at the Portland Bureau of Transportation office specified in the exclusion notice.  All appeals will be heard by the City ofPortland Code Hearings Officerin accordance with the provisions of Title 22 Hearings Officer of this Code.  The Hearings Officer shall uphold the exclusion if, upon the Hearings Officer’s de novo review, the preponderance of evidence admissible under the provision of Title 22 convinces the Code Hearings Officer that, more likely than not, the person in fact committed the violation, and if the exclusion is otherwise in accordance with the law.

 

F.  A person subject to exclusion who has no prior exclusion record shall be excluded for 30 days.

 

G.  A person subject to exclusion who has been previously excluded within two years shall be excluded for 90 days.

 

H.  A person subject to exclusion who has been previously excluded two or more times within the past two years shall be excluded for 180 days.

 

I.  A person subject to exclusion for violation of State criminal law shall be excluded for 180 days.

 

J.  No person shall enter the Streetcar Transit System at any time during which there is in effect a notice of exclusion issued under this Section excluding that person from the system.

 

K.  Notwithstanding any other provision of Chapters 14A.100 and 14A.110, the Director of Transportation, or the Director’s Designee, upon a review of sufficient evidence, and the Hearings Officer, upon review of the Notice of Exclusion or the evidence presented at the hearing, must modify an exclusion under the circumstances provided for below: 

 

1.  An individual with a disability shall not be issued a complete exclusion from the Portland Streetcar Transit System unless the person engaged in violent, seriously disruptive or criminal conduct, or in conduct posing a serious threat to the safety of others or to the operation of the transit system. Absent such a finding, if a Hearings Officer determines that a violation occurred the Hearings Officer shall order a qualified exclusion to permit an individual with a disability to use the Portland Streetcar Transit System for trips of necessity, including travel to and from medical and legal appointments, school or training classes, places of employment, to obtain food, clothing and necessary household items, or to access any critical service.

 

2.  A transit dependent person shall not be issued a complete exclusion for the District Transit System unless the person engaged in violent, seriously disruptive, or criminal conduct, or in conduct posing a serious threat to the safety of others or to the operation of the transit system.  Absent such a finding, if a Hearings Officer determines that a violation occurred, the Hearings Officer shall order a qualified exclusion to permit a transit dependent individual to use the District Transit System for trips of necessity, including travel to and from medical and legal appointments, school or training classes, places of employment, to obtain food, clothing and necessary household items, or to access a critical service. Any person asserting the right to a qualified exclusion on the basis of transit dependence shall have the burden of establishing transit dependence by a preponderance of the evidence.

 

L.  The Director of Transportation may adopt such procedures and promulgate rules as may be necessary from time to time for the administration of this or other chapters.


14A.110.410 Enforcement.

A.  Any peace officer, manager or superintendent and any other persons authorized by the Director of Transportation has the authority to

 

1.  detain and issue a citation; or

 

2.  refuse entrance to a Portland Streetcar Vehicle or Portland Streetcar station or any property owned or controlled by Portland Streetcar; or

 

3.  require departure from a Portland Streetcar Vehicle or Portland Streetcar property of any person

 

a.  who violates any provision of Chapter 14A.110; or

 

b.  has been issued a notice of exclusion.

 

B.  A streetcar Vehicle Operator has the authority to

 

1.  refuse entrance to a Portland Streetcar Vehicle or Portland Streetcar station or any property owned or controlled by Portland Streetcar; or

 

2.  require departure from a Portland Streetcar Vehicle or Portland Streetcar property of any person

 

a.  who violates any provision of Chapter 14A.110; or

 

b.  has been issued a notice of exclusion.


14A.110.420 Other Remedies.

Nothing herein is intended to compromise or waive the right to enforce concurrently, or in the alternative, other remedies available pursuant to the Oregon Criminal Code or Portland City Code, including those applicable to the crime of Theft of Services or Trespass.


14A.110.430 Violations Punishable by Fine.

Any person who violates any provision this code commits a violation as defined in ORS 153.005 and ORS 153.008 punishable by a fine as outlined in the Administrative Rules of the Bureau of Transportation.


14A.110.440 Administrative Rules.

The Director of Transportation may adopt such procedures and promulgate rules as may be necessary from time to time for the administration of this or other Chapters.