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TRANSIT EXCLUSION
POLICY
Rules of Conduct and Inappropriate Conduct Transit
Exclusion Procedure:
Adopted by TPC July 12, 2005
I. Purpose
It is the
mission of Metro Transit (Metro), a
division of the City of Madison,
through the efforts of dedicated,
well-trained employees, to provide
safe, reliable, convenient, and
efficient public transportation to
the citizens and visitors of the
Metro service area.
Metro
has established this Behavior Policy
to promote
the safety and comfort of its
riders, to facilitate the proper use
of transit facilities and services,
to protect transit facilities and
employees, to assure the payment of
fares and to ensure that
Metro vehicles and facilities are
safe, welcoming and provide
equitable access for Metro
passengers. Responses to
inappropriate and/or illegal conduct
are outlined here.
II. Overview and Definitions
No individual may engage in
inappropriate conduct on, at or in
the facilities of Metro Transit,
including at Transfer Points, in
shelters, at bus stops, and at
administrative, operational, and
maintenance facilities, or on buses
used to provide Metro fixed route or
paratransit services.
Inappropriate conduct includes any
individual or group activity which
is disruptive or injurious to other
individuals lawfully using Metro
facilities or services; damaging or destructive to transit facilities or services; or
disruptive, harassing, threatening
or injurious to transit employees.
Inappropriate conduct may also
constitute a violation of an
ordinance or criminal law. The fact
that an individual is or is not
charged or convicted of an incident
of inappropriate conduct does not
bar investigation and/or exclusion
under this Policy.
The term
Metro Transit or Metro means the
City of Madison, Metro Transit
Division.
The term
“facilities” means all property and
equipment of Metro Transit,
including, without limitation,
inside and outside areas of Metro
Transit (City) property, bus
shelters, bus stops, transfer
points, signage and buses used to
provide Metro Transit service.
The term “Metro Transit facilities”
includes both the public and
non-public areas of Metro
facilities.
The term “public area” of Metro
Transit facilities includes those
portions of facilities that are open
for public use for transit or
transit related purposes.
The term “transit services” means
fixed route bus service and
complementary paratransit service
III. Level I Inappropriate
Conduct on Buses
For any of the following
inappropriate conduct on buses,
persons will be given a first
warning by the Bus Operator not to
engage in the conduct. If further
warning by the Bus Operator is
necessary for failure of the
passenger to comply, a Metro
Supervisor may be contacted and may
be called to the scene by the Bus
Operator. The Supervisor is
authorized to and may ask the
passenger(s) to leave the bus. An
individual who declines to leave a
bus after being ordered to do so by
the Metro Supervisor is subject to
arrest and prosecution for
trespassing and or disorderly
conduct. Continuous repeat
infractions may result in exclusion
from buses for not less than 7 days
or more than 6 months. See Section
VI, Exclusion Procedure.
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Refusing to vacate designated
front seats and designated
wheelchair areas in buses for
senior citizens and people with
disabilities when requested by
those persons or by the driver on
their behalf. |
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Eating or drinking with the
exception of bus operators who
have permission to do so when
vehicles are not in motion. |
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Using an audio device (e.g.
portable radio, tape, CD
player, TV, etc.), unless such
equipment is used with
earphones so that sound is
limited to person’s own
listening only |
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Standing in front of the
standee line at the front of
the bus near the driver’s
seat. |
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Bringing any animal on buses
un-caged, except working
animals that assist those with
disabilities. Caged animals
must fit on customer’s lap.
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Bringing on-board any large
articles, packages, baggage,
non-collapsible strollers or
baby buggies which block the
aisle and restrict the free
movement of passengers.
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Engaging in indecent, profane,
boisterous, unreasonably loud
or otherwise disorderly
conduct under circumstances in
which such conduct tends to
cause or provoke a
disturbance. This is not
intended to prohibit ordinary
conversation between
passengers in normal
conversational tones.
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Having distracting
conversations with Metro Bus
Operators. |
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Engaging in unauthorized
canvassing, selling,
soliciting or distributing any
material on-board buses. |
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Changing a child’s diaper. |
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Exhibiting inappropriate
personal hygiene, i.e., an
individual whose bodily
hygiene is so offensive as to
constitute a nuisance to other
passengers. |
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Boarding unattended minors:
children five years of age and
under must be closely
accompanied at all times by an
older responsible individual.
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Roller-skating, roller-blading,
or skateboarding on buses.
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Hanging or swinging from
stanchions or other bus
equipment with feet off the
floor.
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Hanging out, reaching out, or
putting anything out of bus
windows.
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Willfully refusing to pay a
fare, or show specific fare
media to the bus operator. |
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Using of or bringing a Segway
(or like device) on the bus. |
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Otherwise disorderly or
inappropriate conduct which is
inconsistent with the orderly
and comfortable use of buses
for their intended purpose |
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IV.
Level II Inappropriate Conduct on
Buses or in Other Facilities
The
following conduct is prohibited in
all Metro facilities, including but
not limited to, buses, Transfer
Points, park & ride lots, and bus
shelters except as specifically
limited below. Any individual
observed engaging in the conduct may
be told by a Bus Operator or
Supervisor or other authorized
individual to leave the facilities
immediately and may be subject to
arrest by proper authorities. The
Bus Operator is authorized to
request police assistance if
necessary. These offenses may also
subject passenger(s) to the
Exclusion Procedure, described in
Section VI; further legal action may
be taken as applicable and
appropriate. Smoking on buses.
(See Section V below concerning
lighting an incendiary device (e.g.
match, lighter, or torch).
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Fighting. |
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Bringing any items of a
dangerous nature on-board
buses including: weapons
(pistols, rifles, knives or
swords); flammable liquids;
dangerous, toxic or poisonous
substances; vessels containing
caustic materials, chemicals,
acids or alkalis; fishing rods
which are not broken down or
have unsecured or exposed
hooks or lures, ski poles
unless secured to skis or have
tip covers; sheet glass and
sharp objects. Fencing foils
must be sheathed and left at
the front of the bus with the
bus operator. |
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Behavior that is disruptive,
harassing, or threatening in
nature to Metro passengers or
employees. This includes
following or stalking
passengers or employees.
Causing sounds that are
unreasonable and highly
disruptive of other
individuals using Metro
facilities or services,
including but not limited to:
prolonged loud, , abusive,
indecent, profane or drunken
conduct. |
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Misuse of fare media. |
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Drinking alcoholic beverages
or possessing open containers
of alcoholic beverages. |
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Otherwise disorderly or
inappropriate conduct which is
inconsistent with the safe and
orderly use of transit
facilities for their intended
purpose |
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V. Level III Inappropriate
Conduct/Emergency Situations
The
following conduct in all Metro
vehicles and facilities, including
buses, Transfer Points, Park and
Ride Lots and bus shelters will be
cause for police intervention,
arrest and/or prosecution. An
emergency situation can be defined
as any situation in which an
individual’s actions present an
imminent danger to the life or
safety of him/herself or others, or
to Metro property. The Bus Operator
is authorized to request police
assistance. An individual found to
have engaged in any of the following
activities will be excluded from
transit facilities and/or services
pursuant to the process in Section
VI, Exclusion Procedure.
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Use of counterfeit or stolen
fare media |
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Assault or threat of assault. |
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Stealing or willfully
damaging, defacing or
destroying Metro property. The
City will prosecute anyone who
steals or willfully damages,
defaces or destroys Metro
property. |
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Lighting an incendiary device
(e.g. match, lighter, torch). |
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Obstructing or interfering
with the Bus Operator’s safe
operation of the bus |
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Indecent exposure
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Entering or remaining on Metro
buses after having been
notified by an authorized
individual not to do so, or
boarding or remaining on Metro
buses during the period when
an individual has been banned
from the premises. See
NON-COMPLIANCE WITH EXCLUSION
ORDER (XIII). |
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VI. Transit Exclusion Procedure
After staff determine that there
have been repeated or serious
incidents of inappropriate conduct
by an individual, and it is
determined that the individual
involved should be excluded from
transit facilities and/or services
or that conditions should be placed
on the individual’s continued use
thereof:
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A. The Transit Service Manager
will issue, or cause to be
issued, to the individual
involved a written exclusion
letter from Metro facilities,
including services as may be
warranted. The letter shall
indicate the reasons for the
exclusion, the time period of
the exclusion, and the
facilities and/or services to
which the exclusion order
applies. If continued use of
transit facilities and/or
services is made subject to
safety conditions or
restrictions (eg., presence of
a parent or guardian in the
case of a juvenile;
accompaniment by a personal
care attendant or aide), a
conditional exclusion letter
may be issued specifying that
the individual will be subject
to exclusion unless the
imposed restrictions are
complied with. The letter
shall also advise the
individual of his/her right to
appeal the decision and
include a copy of the appeal
procedure... The Transit
Service Manager shall provide
a copy of the letter to the
Transit General Manager and
will inform all staff
involved, who have a need to
know, about the reasons for
and length of the exclusion.
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B. At the discretion of the
Transit Service Manager, a
juvenile may be restricted to
use of Metro services only
when the juvenile is
accompanied by a responsible
designated adult for a
designated period of time. The
juvenile’s parent or guardian
must be notified of the
restriction via certified
mail. Failure to abide by the
restriction may lead to
exclusion under this policy.
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VII. Appeal Procedure
A. Any appeal by or on behalf of
the party subject to an exclusion
order shall be submitted in writing
to the Transit General Manager
within ten days after service by
mail of the Transit Service
Manager’s determination. The
communication shall state with
specificity the grounds for the
appeal. The determination of the
Transit Service Manager to exclude
an individual shall be stayed
pending appeal to the Transit
General Manager. The Transit
General Manager shall review and may
reconsider or modify the decision to
exclude an individual, following
investigation of the matter and
shall specify in writing within
fourteen business days of receipt of
the appeal the reasons for
rescission or modification, if
applicable, to the appellant. The
Transit General Manager will seek
review of a draft written response
by the City Attorney’s Office before
issuing the response to an
individual subject to an exclusion
order
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B. |
The aggrieved party may appeal
the Transit General Manager’s
determination within ten days
after service by mail of the
Transit General Manager’s
determination, by written
notice of appeal filed with
both the Transit General
Manager and the Chairman of
the Transit and Parking
Commission (TPC), c/o Metro
Transit, 1101 East Washington
Avenue, Madison, WI 53704. The
Transit and Parking Commission
Chair shall appoint a special
Transit Exclusion Appeals
Board consisting of three
members of the TPC to hear the
appeal. This special Board
shall hold a hearing within 30
days after the notice has been
filed. Notice of the hearing
including a statement of the
time, place and nature of the
hearing shall be mailed to the
aggrieved party and the
Transit General Manager at
least ten (10) days prior to
the hearing. Exclusion orders
for Level I violations shall
be stayed pending appeal to
the Appeals Board. Exclusion
orders for Level II and Level
III violations shall not be
stayed pending an appeal,
unless the Appeals Board finds
that a stay is warranted and
necessary under the particular
circumstances. A request for
stay shall be made in writing
by the aggrieved party stating
the specific reasons for the
request. |
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Hearing. At the
hearing, the appellant may be
represented by counsel, may
present evidence, and may call
and examine witnesses and
cross-examine witnesses of the
other party. The Chairman of
the Commission shall conduct
the hearing and shall follow
the Rules of Evidence provided
in Wisconsin Statute Section
227.45, for administrative
proceedings. The staff shall
record all of the proceedings
on tape. |
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D.
Decision. Within 30 days
of the completion of the hearing,
the Appeals Board shall issue a
written decision stating the reasons
therefore .The Board shall make a
finding on whether it is more
probable than not that the excluded
individual engaged in the conduct
which was the basis for the
exclusion. Based on testimony and
the evidence in the record, the
Board shall have the power to affirm
or reverse the written determination
or to remand it to the Transit
General Manager with instructions
for reconsideration consistent with
its decision. The decision, except
for remand, shall be a final
determination for the purposes of
judicial review.
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VIII. Non-Compliance with
Exclusion Order: Trespassing
If an individual subject to an
exclusion order enters the specified
facilities or services before the
return date listed in the exclusion
letter, police will be called and
individual will be subject to arrest
for trespassing under Madison City
Ordinance 23.07 (2).
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